and (4), 28 U.S.C. § 2201 and § 2202, and 42 U.S.C. § 1983.
*1041 The facts alleged in the complaint are as follows. Plaintiffs all are residents of the North Kansas City, Missouri, School District. Plaintiff Kimber Sherer is eight years old and the infant child of plaintiffs Cheryl and Wayne Sherer. Defendants are the Superintendent, Director of Pupil Services, and Board of Education members of the North Kansas City School District, and the principal of the Briarcliff Elementary School.
Plaintiff Kimber Sherer suffers from a physical condition known as spina bifida, commonly known as "open spine." The complaint alleges that she is mentally competent to attend regular public schools, but because of her physical handicap she was enrolled in the fall of 1975 in the Briarcliff Elementary Schoolin a program for the orthopaedically handicapped. In order to effectively drain her bladder, which is medically necessary to preserve her kidney function, plaintiff Kimber Sherer was placed in October 1975 on a program of intermittent catheterization of the bladder.
In the fall of 1976, the plaintiff parents were advised by their daughter's physicians that it was mandatory for Kimber to be catheterized at least once a day during school hours. Plaintiffs then contacted defendant Johnson, Director of Pupil Services, and requested that the teacher, aide, or school nurse catheterize Kimber Sherer at school. According to the complaint, defendant Johnson denied plaintiffs' request. Plaintiffs then allegedly requested that the North Kansas City School Board consider the matter. The complaint alleges, on information and belief, that the matter was discussed