Nhi v. Phan v. The Commonwealth of Virginia, Dickerson, Altamont Jr., Comm. Va. Dept. Of Rehabilitative Service

HARRISON L. WINTER, Chief Judge:

Nhi V. Phan, an indigent handicapped Virginia resident, sought a declaratory judgment and supplemental relief to establish that he is entitled to financial assistance to enable him to attend St. Andrews Presbyterian College, a church-affiliated liberal arts college in North Carolina that provides special services and facilities for handicapped students, and to require the Commonwealth to provide such aid.

Essentially Phan challenges a series of appropriations restrictions embodied in the Constitution of Virginia. While Virginia provides financial assistance to…