R-1 at 2.) At all relevant times, Nicholas and his natural parents, Robert and Ann Clynes, resided in the Fort Zumwalt School District. The parties later agreed that the Missouri State Board of Education was not an appropriate defendant, and the Court dismissed plaintiff's case against it on November 1, 1995.ġ. In an Order dated Octothis Court granted plaintiff's motion and dismissed the Clynes' counterclaim for failure to state a claim. § 1983 and the Rehabilitation Act, 29 U.S.C. On Augthe Clynes filed a cross-appeal and a counterclaim against plaintiff seeking damages under IDEA the Americans with Disabilities Act, 42 U.S.C. §§ 1400-1491 o, plaintiff seeks judicial review of a decision by a State Level Review Officer ("SLRO") appointed by the Missouri State Board of Education. Pursuant to the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. *1219 Plaintiff Fort Zumwalt School District (the "District") filed suit against defendants Missouri State Board of Education and Robert and Ann Clynes, as Parents and Next Friends of Nicholas Clynes on July 29, 1993. This matter is before the Court following a bench trial held on November 16, 1995. Halcomb, Missouri Protection & Advocacy Services, Jefferson City, MO, for Robert C., Ann C., defendant. Steinmann, Jr., Assistant Attorney General, Jefferson City, MO, for Board of Education, Missouri State, defendant. Zumwalt School District, plaintiff.Įdwin H. Goldman, Associate, Peper and Martin, St. MISSOURI STATE BOARD OF EDUCATION, et al., Defendants.
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