Ala.Code § 21-1-10 (1975); Del. Const. art. X, § 1 (1975); Neb.Rev.Stat. § 79-202 (1971); N.C. Gen.Stat. § 115-165 (1966); Nev.Rev.Stat. § 392.050 (1967); Tex.Code Ann. § 3260 (1990). Numerous lower court decisions demonstrate that the states were violating the Due Process and Equal Protection rights of disabled children by completely denying them educational opportunities. See, e.g., Pa. Ass’n for Retarded Children v. Commonwealth, 343 F.Supp. 279, 293, 297 (E.D.Pa.1972) (finding the state’s treatment of mentally retarded children “crass and summary” and expressing “serious doubts” about any rational basis for the state’s exclusion of approximately 75,000 mentally retarded children from any public education services); Mills v. Bd. of Ed. of D.C., 348 F.Supp. 866, 876 (D.D.C.1972) (<HOLDING>); Harrison v. Michigan, 350 F.Supp. 846, 847
holding regular use of process cannot constitute abuse of process holding that wisconsin violated equal protection rights of handicapped children by denying them an education at public expense holding that district of columbia violated due process by denying handicapped students a publicly supported education and suspending or expelling such children from regular schooling or special instruction without a hearing holding that the eha established right to public education for students with disabilities that consists of educational instruction specially designed to meet the unique needs of the handicapped child supported by such services as are necessary to permit the child to benefit from the instruction holding that transfer rule denying eligibility to students transferring from public to private schools did not violate the students rights to due process or equal protection of the laws as provided by the fourteenth amendment