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BARWACZ v. MICHIGAN DEPT. OF EDUC.

No. G87-65.

681 F.Supp. 427 (1988)

Mary Ellen BARWACZ, individually, 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.

March 22, 1988.

Attorney(s) appearing for the Case

Gruel, Mills, Nims & Pylman by J. Clarke Nims, Grand Rapids, Mich., for plaintiff.

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

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

OPINION

ENSLEN, District Judge.

Jennifer Kulmacz is a fifteen year old handicapped student who is severely hearing impaired. Plaintiff Mary Ellen Barwacz brought this action pursuant to the Education for All Handicapped Children Act of 1975, 20 U.S.C. §§ 1401-20 ("EHA" or "EAHCA") following a decision by defendant Michigan Department of Education that the Individualized Education Program ("IEP") offered by defendant Northview Public Schools for...

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