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EVANS v. DISTRICT NO. 17 OF DOUGLAS COUNTY, NEB.

No. 87-1650.

841 F.2d 824 (1988)

Elliott EVANS and Katherine Evans, Next Friend and Parent of Christine Evans, Appellants, v. DISTRICT NO. 17 OF DOUGLAS COUNTY, NEBRASKA, a/k/a Millard Public Schools; and the Nebraska Department of Education, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 8, 1988.

Rehearing Denied April 6, 1988.

Attorney(s) appearing for the Case

Kelly Breen, Omaha, Neb., for appellants.

Rjean K. Knowles, Omaha, Neb., for Millard Public Schools.

Robert M. Spire, Atty. Gen., Harold Mosher, Asst. Atty. Gen., Lincoln, Neb., for Dept. of Education.

Before LAY, Chief Judge, and HEANEY and MAGILL, Circuit Judges.

HEANEY, Circuit Judge.

Elliott and Katherine Evans, on behalf of their child Christine Evans, brought an action against Millard Public Schools in Omaha, Nebraska, and the Nebraska Department of Education under the Education for the Handicapped Act, 20 U.S.C. §§ 1400-62 (EHA). The EHA requires states to provide handicapped children a "free appropriate education" as a condition to receiving federal financial assistance. To attain this objective, the EHA establishes...

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