042352P.pdf   09/02/2005  Mindy Reaves  v.  MO State Bd. of
   U.S. Court of Appeals Case No:  04-2352
   Western District of Missouri   
   [PUBLISHED] [Colloton, Author, with Melloy and Gruender, Circuit 
   Judges] 
   Civil case - Rehabilitation Act of 1973. District court did not err in 
   granting defendants' motion for summary judgment on plaintiff's claim 
   that their refusal to approve her request for a business grant violated her 
   rights under the Rehabilitation Act; district court did not err in looking to 
   Individuals With Disabilities Education Act cases for guidance regarding 
   the proper standard for review under Sec. 722(c)(5) of the Rehabilitation 
   Act; as with cases under the IDEA, a reviewing court should determine 
   whether the agency decision is supported by the preponderance of the 
   evidence, while giving due weight to the conclusions reached in the 
   state's due process hearing; appellate court would apply de novo review 
   on appeal of the district court's decision; applying these principals of 
   review, the district court correctly concluded the state's determination 
   was supported by the preponderance of the evidence; hearing officer's 
   consideration of evidence beyond the scope of the initial refusal letter did 
   not deprive plaintiff of due process, and the conduct of the hearing was 
   consistent with constitutional principles of due process.