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McCLAIN v. SMITH

No. CIV-3-89-674.

793 F.Supp. 756 (1989)

Linda McCLAIN and Kristain Renae McClain, by her next friend and parent, Linda McClain v. Charles E. SMITH, Commissioner, Tennessee Department of Education; Eric Taylor, Commissioner, Tennessee Department of Mental Health and Mental Retardation; Earl Hoffmeister, Superintendent, Knox County Schools; and Bill Reynolds, Director, Adult Community Training, Inc.

United States District Court, E.D. Tennessee, N.D.

October 30, 1989.

Attorney(s) appearing for the Case

Charles W. Burson, Atty. Gen. and Reporter, Jane Young, Asst. Atty. Gen., Nashville, Tenn., for Charles Smith and Eric Taylor.

Robert Sharp, Nashville, Tenn., for Doe.

Gary Housepian, Nashville, Tenn., for DMHMR.

Richard T. Beeler, John E. Owings, Knox County Law Director, Knoxville, Tenn.

James H. Hickman, Knoxville, Tenn., for Adult Community Training, Inc.

ORDER

HULL, District Judge.

This is an action under the Education for All Handicapped Children Act (EAHCA), 20 U.S.C. § 1401 et seq., brought on behalf of a severely retarded eighteen-year-old woman currently residing at Adult Community Training, Inc. (ACT), a group home in Loudon County, Tennessee. The plaintiffs have been advised that ACT intends to discharge Kristain Renae McClain (Kristi) at the end of this month and that there is no other...

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