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CHRISTOPHER T. v. SAN FRAN. UNIF. SCH. DIST.

No. C-80-4486 WHO.

553 F.Supp. 1107 (1982)

CHRISTOPHER T., Douglas M., Christopher S., Minors by their Attorney, Sheila BROGNA, as Next Friend, Dr. and Mrs. S., Gail B., Mrs. H., on Behalf of Themselves and all Others Similarly Situated, Plaintiffs, v. SAN FRANCISCO UNIFIED SCHOOL DISTRICT, et al., Defendants.

United States District Court, N.D. California.

March 31, 1982.

Attorney(s) appearing for the Case

Sheila L. Brogna, Legal Services for Children, Inc., San Francisco, Cal., George Kannar, Marcia Robinson Lowry, American Civil Liberties Union, Children's Rights Project, New York City, American Civil Liberties Union, Foundation of Northern California, San Francisco, Cal., for plaintiff children.

Marcia Rosen, San Francisco Lawyers' Committee For Urban Affairs, Robert A. Rosenfeld, Jessica S. Pers, Jonathan C. Dickey, Catharine S. Barnes, Heller, Ehrman, White & McAuliffe, San Francisco, Cal., for plaintiff parents.

Patrick S. McGovern, Truckee, Cal., Corrine Lee, Asst. Legal Advisor, San Francisco Unified School Dist., San Francisco, Cal., for defendant San Francisco Unified School Dist.

George Deukmejian, Atty. Gen. of the State of Cal., John J. Klee, Jr., Deputy Atty. Gen., San Francisco, Cal., for state defendants.

George Agnost, City Atty., Craig M. McCabe, Judith Swenson, Deputy City Attys., San Francisco, Cal., for defendant San Francisco Dept. of Social Services, Edwin Sarsfield and Joseph J. Botka.

OPINION AND ORDER

ORRICK, District Judge.

The Education for All Handicapped Children Act ("EHA"), 20 U.S.C. § 1401 et seq., provides that a state must, in order to receive federal grants-in-aid under the Act, have in effect "a policy that assures all handicapped children the right to a free appropriate public education." 20 U.S.C. § 1412(1). Where placement in a residential program is necessary...

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