MONAHAN v. STATE OF NEB.

Civ. No. 80-0-164.

491 F.Supp. 1074 (1980)

James J. MONAHAN, as next friend of Daniel J. Monahan, and George Rose, as next friend of Marla Rose, Plaintiffs, v. STATE OF NEBRASKA; Charles Thone, Governor of the State of Nebraska; Board of Education, School District # 1, Douglas County, Nebraska; Owen Knutzen, Individually, and as Superintendent of the School District # 1, Douglas County, Nebraska; Dale Samuelson, Individually, and as Assistant Superintendent in Charge of Special Education of School District # 1, Douglas County, Nebraska; Anne Campbell, Commissioner of Education for the State of Nebraska; State Board of Education, Walter M. Thompson, Individually, and as a Member of the State Board of Education; Margaret Lockwood, Individually, and as a Member of the State Board of Education; Frank E. Landis, Individually, and as a Member of the State Board of Education; Don M. Lienemann, Individually, and as a Member of the State Board of Education; Dorothy Creigh, Individually, and as a Member of the State Board of Education; Arlene E. Hart, Individually, and as a Member of the State Board of Education; William C. Ramsey, Individually, and as a Member of the State Board of Education; Dorothy Beaver, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska; June Bostwick, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska; Walter Calinger, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska; Pat Geringer, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska; Leo Hoffman, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska; Gaynelle Goodrich, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska; Ruth Thomas, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska; Frank Bogard, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska; Ron McGruder, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska; James A. Monaghan, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska; James Beutel, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska; and Leo Kastrick, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska, Defendants.

United States District Court, D. Nebraska.

May 16, 1980.


Attorney(s) appearing for the Case

Mino St. Lucas, Omaha, Neb., for plaintiff, Monahan.

Quintin S. Hughes, Bellevue, Neb., for plaintiff, Rose.

Harold Mosher, Asst. Atty. Gen., State of Nebraska, Lincoln, Neb., John P. Heil, Omaha, Neb., for defendants.


MEMORANDUM

DENNEY, District Judge.

Under the Education of All Handicapped Children Act of 1975, states which accept federal assistance for the education of the handicapped are required to provide the parents of handicapped children with certain procedural safeguards. Included among these safeguards is the requirement that a person aggrieved by the educational placement of a handicapped child "shall have an opportunity for an impartial due process hearing...

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