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GREIDER v. SHAWNEE MISSION UNIFIED SCH. DIST. #512

March 17, 1989

ALEXANDER GREIDER, a minor By and Through his Father and Next Friend, TIMOTHY D. GREIDER, Plaintiff,
v.
SHAWNEE MISSION UNIFIED SCHOOL DISTRICT #512, JOHNSON COUNTY, STATE OF KANSAS: MARK ISENBERG, Defendants



The opinion of the court was delivered by: SAFFELS

 DALE E. SAFFELS, UNITED STATES DISTRICT JUDGE.

 This matter is before the court on defendants' motion for summary judgment, plaintiff's motion for a partial summary judgment, and defendants' motion in limine.

 The uncontroverted facts for purposes of these motions are as follows.

 In the fall of 1985, plaintiff Alexander Greider ("Greider") was an eighth grader at Trail Ridge Junior High. He was enrolled in an industrial arts class taught by defendant, Mark Isenberg ("Isenberg") and was injured in that class while using a table saw. Greider had been classified by the defendant school district as a behaviorally disturbed child and therefore "handicapped" under the Education for All Handicapped Children Act of 1975 ("EHA"), 20 U.S.C. ยง 1401 et seq. Since Greider was a "handicapped" child, the district was required by the EHA to develop an Individual Education Program ("IEP") for Greider in consultation with his parents. School representatives and the student's parents meet once a year to review the IEP. The annual review of the IEP is not designed to determine individual courses into which a handicapped student will be placed. A special education teacher was to decide into which "regular" classes the handicapped student should be enrolled.

 One of the special education teachers at Trail Ridge Junior High determined that Greider should be enrolled in Isenberg's woodworking class. The special education instructor claims she notified Isenberg that Greider was a special education student, and further advised him of Greider's particular problems and needs. However, Isenberg does not recall receiving any such notice.

 While in Isenberg's woodworking class, Greider severely injured his hand on a table saw. He now brings suit by and through his father and next friend, Timothy D. Greider, contending the school district and Isenberg were negligent in several regards. He contends that defendants failed to take reasonable steps to protect his safety. According to Greider, those failures included placing him in the class despite his behavioral disturbance, failing to properly notify Isenberg of his enrollment in the class and of his particular problems and needs, failing to properly instruct plaintiff on safety procedures while taking into consideration his behavioral disturbance, and failing to provide ...


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