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BARWACZ v. MICHIGAN DEPT. OF EDUC.

No. G87-65.

674 F.Supp. 1296 (1987)

Mary Ellen BARWACZ, individually, and as parent and next friend of Jennifer Kulmacz, a Minor, Plaintiff, v. MICHIGAN DEPARTMENT OF EDUCATION; Phillip E. Runkel, Superintendent of Public Instruction; Ed Birch, Director of Special Education for the State of Michigan; the Kent Intermediate School District; George Woons, Superintendent of Kent Intermediate School District; Northview Public Schools; and Paul C. Lemin, Superintendent of Northview Public Schools, Defendants.

United States District Court, W.D. Michigan.

December 7, 1987.

Attorney(s) appearing for the Case

Gruel, Mills, Nims, & Pylman by J. Clarke Nims, Grand Rapids, Mich., Oosterman, York & Cooper by Gary R. Peterson, Kalamazoo, Mich., for plaintiff.

Frank J. Kelley, Atty. Gen. by Paul J. Zimmer & Gerald F. Young, Asst. Atty. Gen., Lansing, Mich., for defendants Michigan Dept. of Educ., Runekl & Birch.

Day, Sawdey, Flaggert & Porter by William A. Hubble, Grand Rapids, Mich., for defendants Kent Intermediate School Dist., George Woons, Northview Public Schools & Paul C. Lemin.

OPINION

ENSLEN, District Judge.

Plaintiff Mary Ellen Barwacz is the parent of Jennifer Kulmacz, a fourteen year old handicapped student who is severely hearing-impaired. Defendants include various state governmental agencies, the Kent County Intermediate School District and the Northview Public Schools ("NPS"). Special education for handicapped students is regulated by both federal statute and regulations and state statute and administrative rules. The applicable...

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