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KAELIN v. GRUBBS

No. 81-5101.

682 F.2d 595 (1982)

Michael KAELIN, by his next friend, Marlene Kaelin, Plaintiff-Appellee, v. John A. GRUBBS, J. B. McCubbin, Walt Ryan, James Bonar, John Maddox, Leola Waller, Dr. James B. Graham and Billie Downing, in their official capacities, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided July 9, 1982.

Attorney(s) appearing for the Case

Steven L. Beshear, Atty. Gen. of Ky., Frankfort, Ky., Robert L. Chenoweth, Deputy Atty. Gen., F. C. Bryan, Bryan, Fogle & Riggs, Mount Sterling, Ky., for defendants-appellants.

James K. Rogers, Northern Kentucky Legal Aid, Covington, Ky., for plaintiff-appellee.

Before: KEITH and JONES, Circuit Judges and NEWBLATT, District Judge.

KEITH, Circuit Judge.

The sole issue on appeal is whether an expulsion from school is a "change of placement" within the meaning of the Education for All Handicapped Children Act, 20 U.S.C. § 1401 et seq. The United States District Court for the Eastern District of Kentucky held that an expulsion from school is a "change of placement". We agree, and affirm the judgment of District Judge William O. Bertelsman....

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