New Mexico Association for Retarded Citizens v. The State of New Mexico
Court of Appeals for the Tenth Circuit
1Opinion of the Court
SEYMOUR, Circuit Judge.
This appeal necessitates a review of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (Section 504). At issue is the scope of pre-college education rights afforded handicapped children under this statute and its compliance regulations. Our analysis of the question prompts reversal of the trial court decision and remand of this case for additional proceedings.
I
Background
In October 1975, the New Mexico Association for Retarded Citizens and others 1 (Association) commenced a class action against the State of New Mexico and certain of its governing officers…
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