James and Mary McNair and Kelly McNair v. Oak Hills Local School District, Louis Cardimone and Oak Hills Local School District Board of Education

JOINER, Senior District Judge.

On October 3, 1985, James, Mary and Kelly McNair (McNair), filed a complaint against the Oak Hills Local School District, the Oak Hills Board of Education, and Louis Cardimone, Superintendent of the Oak Hills School District (collectively referred to as Oak Hills), under the Education of the Handicapped Act (EHA), 20 U.S.C. §§ 1400, et seq. The McNairs sought, among other things, a determination that Oak Hills had to provide their child, Kelly, with transportation to and from St. Rita’s School for the Deaf, a private school. Cross-motions for summary judgment…