by the School Board in a closed session in December 1976, in the absence of plaintiffs. Thereafter, the School Board allegedly advised plaintiffs that "as a solution to this problem, the School District would provide homebound instruction" for Kimber Sherer.
Because homebound instruction was unacceptable to plaintiffs, plaintiff Cheryl Sherer quit her job so that she could attend on a daily basis to the catheterization needs of her daughter at Briarcliff Elementary School. Cheryl Sherer continued the daily catheterization throughout the remainder of the school year which ended in May 1977, despite loss of income and the inconvenience of travelling to the school.
Defendants have continued to refuse to provide daily catheterization services to Kimber Sherer, according to plaintiffs' complaint, and "are unwilling to discuss this matter any further." Plaintiffregulations pursuant thereto, grant affirmative rights to handicapped persons. The Court noted from the legislative history of the Act that the similarity of § 504 to § 601 of the Civil Rights Act of 1964 (Title VI) was not accidental, and that the enforcement mechanism of the two statutes also was the same. The decision further recognized that the legislative history of § 504 clearly contemplated judicial review of administrative proceedings.[2] 548 F.2d at 1286. At the time of the Lloyd decision, however, final regulations had not been issued by HEW pursuant to § 504, and in view of those circumstances, despite its recognition that Congress intended judicial review of administrative proceedings, the Court in Lloyd stated:
While the above language contemplates judicial review of an administrative proceeding as