| Venue: | E.D. WI |
| Facts: | Panitch is blind and mentally retarded, and also the named plaintiff of a class seeking declaratory relief: that defendants are denying them a publicly funded education in violation of 14A. |
| Posture: | Class is certified, and then Subchapter IV gets enacted, which on its face satisfies the plaintiffs' demands. Nevertheless, this is not moot until the subchapter is actually implemented. Proceedings stayed, back in 1974. Now we're back at it, because of the delay in gettting relief. |
| Issue: | Are the plaintiffs entitled to judgment? |
| Holding: | Summary judgment for plaintiffs |
| Rule: | The defendants have a constitutional duty to provide an education at public expense to the plaintiff class. |
| Reasoning: | The state has undertaken to provide a free education to all children. Attendance is compulsory regardless of whether you've got a disability. The defendants say that there's no proof it was intentional, but if that's the case, why is there no progress being made? |
| Dicta: | |