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UPPER VALLEY ASS'N FOR HANDICAPPED v. MILLS

No. 2:94-CV-320.

928 F.Supp. 429 (1996)

UPPER VALLEY ASSOCIATION FOR HANDICAPPED CITIZENS; Winnie Pineo; and Michelle VanNamee; on behalf of themselves and all others similarly situated, Plaintiffs, v. Richard MILLS, individually and in his capacity as Commissioner of the Vermont Department of Education; and Members of the Vermont State Board of Education, individually and in their official capacities, Defendants.

United States District Court, D. Vermont.

May 1, 1996.

Attorney(s) appearing for the Case

Olcott Whitman Smith, Kochman & Smith, Burlington, VT, for Upper Valley Association for Handicapped Citizens, Winnie Pineo, Michelle VanNamee.

Paul Carl Fassler, Vermont Department of Education, Montpelier, VT, Geoffrey A. Yudien, Vermont Attorney General's Office, Montpelier, VT, for Richard Mills and Members of the Vermont State Board of Education.

OPINION AND ORDER

SESSIONS, District Judge.

This is a civil rights action, pursuant to 42 U.S.C. § 1983, brought on behalf of children with disabilities, their families and supportive organizations1 for alleged violations of the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1401 et seq. There are pendent state law claims as well.

On August 28, 1995, Defendants moved to dismiss...

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