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DOE v. BROOKLINE SCHOOL COMMITTEE

Nos. 83-1131, 83-1514.

722 F.2d 910 (1983)

John DOE, et al., Plaintiffs, Appellees, v. BROOKLINE SCHOOL COMMITTEE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 6, 1983.

Attorney(s) appearing for the Case

Cathleen Cavell, Brookline, Mass., with whom David Lee Turner, Brookline, Mass., and Robert P. Snell, Rochester, N.Y., were on brief, for appellant.

H. Reed Witherby, Asst. Atty. Gen., Government Bureau, Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., was on brief, for the Mass. Dept. of Education, Boston, Mass.

Anne Vohl, Burlington, Mass., for John Doe, et al.

Before CAMPBELL, Chief Judge, BOWNES, Circuit Judge, and PEREZ-GIMENEZ, District Judge.

BOWNES, Circuit Judge.

This case arises under the Education for All Handicapped Children Act, 20 U.S.C. §§ 1401 et seq., and presents three issues. First, who bears responsibility for funding the nonpublic educational placement of a disabled child during the pendency of placement review proceedings? Second, does § 1415(e)(3) preempt a district court's equity powers and require absolute enforcement of a current placement pending review? Third...

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