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KRUELLE v. BIGGS

Civ. A. No. 79-481.

489 F.Supp. 169 (1980)

Rev. Carl H. KRUELLE and Mary A. Kruelle, on their own behalf and as parents and next friend of Paul Henry Kruelle, a minor, Plaintiffs, v. Dr. Carroll W. BIGGS, Superintendent of New Castle County School District; Dr. Kenneth C. Madden, Superintendent of Public Instruction; Mrs. Patricia C. Schramm, Secretary of the Department of Health and Social Services; Mr. Warren J. Gehrt, Superintendent of the Division of Mental Retardation; and State Board of Education, Defendants.

United States District Court, D. Delaware, Wilmington.

May 1, 1980.

Attorney(s) appearing for the Case

Rev. Carl H. and Mrs. Mary A. Kruelle, pro se.

Edward M. McNally, of Morris, James, Hitchens & Williams, Wilmington, Del., for defendant Biggs.

Roger A. Akin, Deputy Atty. Gen., Dept. of Justice, Wilmington, Del., for defendants Madden and State Bd. of Ed.

Matthew J. Lynch, Deputy Atty. Gen., Dept. of Justice, Wilmington, Del., for defendant Schramm.

Thomas A. LaPenta, Deputy Atty. Gen., Dept. of Justice, Wilmington, Del., for defendant Gehrt.

OPINION

STAPLETON, District Judge:

Plaintiffs, the parents of a profoundly retarded eleven year old child, bring suit on their own behalf and on behalf of their son, Paul, to challenge the adequacy of the educational plan proposed by defendant New Castle County School District ("NCCSD"). The case arises under the Education of All Handicapped Children Act, P.L. 94-142, codified at 20 U.S.C. §§ 1401 et seq., which requires that States which...

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