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YARIS v. SP. SCHOOL DIST. OF ST. LOUIS COUNTY

No. 83-1865.

728 F.2d 1055 (1984)

Robert and Mary YARIS, on their own behalf and as next friends of Michael Yaris, and on behalf of all those similarly situated; Stephen Stubbs and Marilyn Stubbs, next friend of Adam Stubbs, Appellants, v. SPECIAL SCHOOL DISTRICT OF ST. LOUIS COUNTY; Arthur L. Mallory; Leonard W. Hall; Department of Elementary and Secondary Education; State Board of Education, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 24, 1984.

Attorney(s) appearing for the Case

Kenneth M. Chackes, Herbert A. Eastman, Chackes & Hoare, St. Louis, Mo., for appellants.

Ramon J. Morganstern, Michael J. McKitrick, Morganstern, Soraghan, Stockenberg, McKitrick & Rapp, St. Louis, Mo., for Sp. School Dist., appellee.

John Ashcroft, Atty. Gen., Jerry Short, Asst. Atty. Gen., Jefferson City, Mo., for State appellees.

Before ROSS, JOHN R. GIBSON and BOWMAN, Circuit Judges.

PER CURIAM.

Appellants (hereinafter Yaris) filed an individual action and a class action on behalf of all handicapped children in the State of Missouri alleging that appellees' policies which limited handicapped children to a 9-month school year while nonhandicapped children were able to receive extended summer programming was discrimination in violation of the Education for All Handicapped Children Act, 20 U.S.C. § 1401 et seq., and § 504 of the Rehabilitation...

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