DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
103426P.pdf 09/09/2011 Barry Barron v. South Dakota Board of Regents
U.S. Court of Appeals Case No: 10-3426
U.S. District Court for the District of South Dakota - Sioux Falls
[PUBLISHED] [Wollman, Author, with Bye and Shepherd, Circuit Judges]
Civil case - civil rights. No error in converting motion to dismiss into a
motion for summary judgment; Board's decision to discontinue offering
educational services on the campus of the South Dakota School for the
Deaf did not violate the Individuals with Disabilities Education Act; as the
plaintiffs have failed to establish an IDEA violation, their cause of action
against defendants in their individual capacities for violating their due
process rights must fail; South Dakota law does not preclude the Board
from affording an appropriate education to eligible students through
outreach programs or service agreements with other schools, and it was
within the Board's power to discontinue offering programs at the school's
campus in favor of contracting with other school districts to offer those
programs and maintaining funds in its budgets for students to attend
residential programs.