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B & L SCH DISTS v. PUB INST SUP

Docket No. 55809.

120 Mich. App. 465 (1982)

328 N.W.2d 59

BIRMINGHAM AND LAMPHERE SCHOOL DISTRICTS v. SUPERINTENDENT OF PUBLIC INSTRUCTION

Michigan Court of Appeals.

Decided October 18, 1982.

Attorney(s) appearing for the Case

Clark, Hardy, Lewis, Fine & Pollard, P.C. (by Richard E. Kroopnick), for Birmingham and Lamphere School Districts.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Gerald F. Young, Paul J. Zimmer, and Richard P. Gartner, Assistants Attorney General, for Superintendent of Public Instruction.

Michael J. Kiley, Michigan Protection and Advocacy Service for Developmentally Disabled Citizens, for defendants Szulborski.

Before: MacKENZIE, P.J., and M.F. CAVANAGH and D.F. WALSH, JJ.

M.F. CAVANAGH, J.

The facts in this case are undisputed. Defendant Brian Szulborski is a 14-year-old handicapped child suffering from autism, a neurological disorder which severely impairs his ability to interact with his environment and to communicate with other people. Plaintiff Birmingham School District, in which Brian resides, had determined that he is severely emotionally impaired and eligible for special education services and programs. Brian has been enrolled...

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