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.