CLINTON COUNTY R-III SCHOOL DIST. v. C.J.K.

No. 95-6098-CV-SJ-6.

896 F.Supp. 948 (1995)

CLINTON COUNTY R-III SCHOOL DISTRICT, Plaintiff, v. C.J.K. and I.J., a minor, by and through his Mother and Next Friend, C.J.K., Defendants.

United States District Court, W.D. Missouri, St. Joseph Division.

August 9, 1995.


Attorney(s) appearing for the Case

Cathy J. Dean, Polsinelli, White, Vardeman & Shalton, Kansas City, MO, for plaintiff.

Kevin Thompson, Jefferson City, MO, Michael H. Finkelstein, Jefferson City, MO, for defendants.


MEMORANDUM AND ORDER

SACHS, Senior District Judge.

Plaintiff school district seeks short-term relief from a statutory requirement that, pending administrative review of a proposed change of placement, a handicapped child shall remain in the educational setting last agreed to by the school authorities and a parent of the child. At issue is the so-called "stay put" provision of federal law. 20 U.S.C. § 1415(e)(3). The soundness of permanent educational...

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