Flemming v. Colorado State Board of Education

This writ of error involves an interpretation of the statutes and rules and regulations of the State Board of Education relating to special educational programs for physically handicapped children (C.R.S. ’53, 123-22-1, et seq.)

The parties are aligned here as they were in the trial court. We will refer to plaintiff in error as plaintiff and to the defendants in error collectively as defendant or by name.

Plaintiff’s action in the nature of mandamus was brought under Rule 106, R.C.P. Colo. Plaintiff alleged that she is a physically handicapped child within the terms and conditions of C.R.S.…