BD. OF EDN. v. MAHONING CTY. MRDD

No. 92-144.

66 Ohio St.3d 355 (1993)

BOARD OF EDUCATION OF AUSTINTOWN LOCAL SCHOOL DISTRICT ET AL., APPELLEES, v. MAHONING COUNTY BOARD OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, APPELLEE; OHIO DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided June 16, 1993.


Attorney(s) appearing for the Case

Whalen & Compton Co., L.P.A., G. Frederick Compton, Jr. and R. Brent Minney, for appellee Austintown Board of Education.

Manchester, Bennett, Powers & Ullman, Stephen T. Bolton and Timothy J. Jacob, for appellee Mahoning County Board of Mental Retardation and Developmental Disabilities.

Ohio Legal Rights Service, Robert S. Mills and Daphne S. Meimaridis, for intervenors-appellees.

Lee I. Fisher, Attorney General, and David J. Kovach, Assistant Attorney General, for appellants Ohio Department of Mental Retardation and Developmental Disabilities et al.


WRIGHT, J.

This appeal presents three issues:

(1) Was the Mahoning County Board of Mental Retardation and Developmental Disabilities required to accept Dacia Kieger, Nena Edwards, William Russell Jones, and Jennifer Jones into the Leonard Kirtz School pursuant to the IEP developed for each child?

(2) Was the question of which agency is responsible to pay the costs of the special education of these children properly before the trial court?

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