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SLACK v. STATE OF DEL. DEPT. OF PUBLIC INSTR.

Civ. A. No. 92-736 MMS.

826 F.Supp. 115 (1993)

Sarah SLACK and Kathryn and James Peiffer, Plaintiffs, v. STATE OF DELAWARE DEPARTMENT OF PUBLIC INSTRUCTION; Pascal D. Forgione, Jr., State Superintendent of Public Instruction; Delaware State Board of Education; Paul R. Fine, President, Delaware State Board of Education, Defendants.

United States District Court, D. Delaware.

July 1, 1993.

Attorney(s) appearing for the Case

Barbara H. Stratton, of Knepper & Stratton, Wilmington, DE, for plaintiffs.

Sandra A. Reyes, Deputy Atty. Gen., State of Del. Dept. of Justice, Wilmington, DE, for defendants.

OPINION

MURRAY M. SCHWARTZ, Senior District Judge.

This case arises under the Individuals with Disabilities Education Act. 20 U.S.C. §§ 1400-1485 (1988 and Supp. III 1991) (formerly the Education of the Handicapped Act (EHA)). Plaintiffs, Sarah Slack and her parents, Kathryn and James Peiffer, seek a declaratory judgment and injunctive relief which would require the defendants to pay a portion of the costs necessary to send Sarah to a school offering...

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