CARTER v. ORLEANS PARISH PUBLIC SCHOOLS

No. 83-3150 Summary Calendar.

725 F.2d 261 (1984)

Robert CARTER, Sr., on behalf of Eugene Carter, Robert Carter, Jr., Lloyd Carter, Ronald Carter, Paul Carter and Abraham Carter, Plaintiff-Appellant, v. ORLEANS PARISH PUBLIC SCHOOLS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 21, 1984.


Attorney(s) appearing for the Case

Robert Carter, pro se.

Polack, Rosenberg, Rittenberg & Endom, Kenneth F. Sills, New Orleans, La., for defendant-appellee.

Before RUBIN, JOLLY and DAVIS, Circuit Judges.


PER CURIAM:

The Rehabilitation Act of 1973, we hold, affords a personal cause of action not only to persons who are excluded from federally funded programs because they are handicapped but also to those who are excluded because officials have incorrectly classified and treated them as being handicapped when they in fact are not. In this case, however, we find that the parent of children who may once have been improperly treated as being handicapped cannot obtain federal...

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