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MALEHORN v. HILL CITY SCHOOL DIST.

No. CIV. 97-5024.

987 F.Supp. 772 (1997)

Kathy MALEHORN on Behalf of Laura Beth MALEHORN, Plaintiff, v. HILL CITY SCHOOL DISTRICT, Defendant.

United States District Court, D. South Dakota, Western Division.

November 10, 1997.

Attorney(s) appearing for the Case

John Hamilton, South Dakota Advocacy Services, Pierre, SD, for Plaintiff.

Paul Swedlund, Gunderson, Palmer, Goodsell & Nelson, Rapid City, SD, for Defendant.

MEMORANDUM OPINION AND ORDER

BATTEY, Chief Judge.

I. PROCEDURAL HISTORY

¶ 1 On March 31, 1997, plaintiff Kathy Malehorn ("Malehorn") filed a complaint on behalf of her daughter Laura Beth Malehorn ("Laura Beth") pursuant to the Individuals with Disabilities Education Act ("the IDEA" or "Act"), 20 U.S.C. §§ 1400-1491, as amended by 111 Stat. 37 (1997). Plaintiff's complaint is an appeal of the decision of the Special Education Hearing...

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