ST. LOUIS DEVELOPMENTAL DISABILITIES v. MALLORY

No. 84-2196.

767 F.2d 518 (1985)

ST. LOUIS DEVELOPMENTAL DISABILITIES TREATMENT CENTER PARENTS' ASSOCIATION, a Missouri nonprofit corporation; Missouri Association for Retarded Citizens, a Missouri nonprofit corporation; Missouri Developmental Disabilities Protection and Advocacy Services, Inc., a Missouri nonprofit corporation; Concerned Parents of Caruthersville, a Missouri nonprofit corporation; Missouri Association for Autistic Citizens (Mayday), a Missouri nonprofit corporation; C.E., by and through her mother and next friend, P.E.; J.H., by and through his mother and next friend, P.H.; M.R., by and through her mother and next friend, K.R.; A.D.W., by and through his mother and next friend, S.W.; P.L.P., by and through his mother and next friend, P.P.; C.S., by and through her mother and next friend, P.S.; S.R., by and through his mother and next friend, G.R.; P.J.B., by and through her mother and next friend, P.B.; K.W., by and through his mother and next friend, R.W.; W.W., by and through his surrogate parent and next friend, J.G.; A.W., by and through her grandmother and next friend, R.H.; W.C., by and through his mother and next friend, C.D.; M.P., by and through her mother and next friend, E.J.T.; individually and on behalf of all others similarly situated, Appellants, v. Arthur L. MALLORY, individually and in his capacity as Commissioner of Education of the Department of Elementary and Secondary Education; Leonard W. Hall, individually and in his capacity as Assistant Commissioner for the Division of Special Education of the Department of Elementary and Secondary Education; Department of Elementary and Secondary Education; State Board of Education; Paul R. Ahr, individually and in his capacity as Director of the Department of Mental Health; Department of Mental Health; St. Louis City School District; Kansas City 33 School District; Northwest R-1 School District; St. Charles School District; Riverview Gardens School District; Affton 101 School District; Caruthersville School District No. 18; North Pemiscot R-1 School District, individually and on behalf of all others similarly situated; Pemiscot County Special School District; and Special School District of St. Louis County, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 16, 1985.


Attorney(s) appearing for the Case

Ann B. Lever, St. Louis, Mo., for appellants.

Robert L. Presson, Asst. Atty. Gen., Jefferson City, Mo., for appellees.

Before McMILLIAN, Circuit Judge, HENLEY, Senior Circuit Judge, and FAGG, Circuit Judge.


HENLEY, Senior Circuit Judge.

This appeal is from a judgment of the district court1 rejecting appellants' "systemic challenge" to Missouri's special education system, 591 F.Supp. 1416. On appeal, appellants contend that the Missouri system of special education contravenes provisions of the Education of All Handicapped Children Act, 20 U.S.C. §§ 1400 et seq. (the Education Act); and...

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