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McKENZIE v. SMITH

No. 83-1525.

771 F.2d 1527 (1985)

Floretta McKENZIE, Superintendent, D.C. Public Schools, Appellant, v. Christopher SMITH, by his parents.

United States Court of Appeals, District of Columbia Circuit.

Decided August 30, 1985.

Attorney(s) appearing for the Case

Richard B. Nettler, Asst. Corp. Counsel, Washington, D.C., with whom John H. Suda, Principal Deputy Corp. Counsel, and Charles L. Reischel, Deputy Corp. Counsel, Washington, D.C., were on brief, for appellant.

Matthew B. Bogin, Washington, D.C., with whom Beth Goodman, Washington, D.C., was on brief, for appellees.

Before TAMM, MIKVA, and STARR, Circuit Judges.

Opinion for the court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

Floretta McKenzie, Superintendent of the District of Columbia Public Schools (DCPS), appeals a district court order requiring DCPS to place and fund a handicapped child in a residential special education facility pursuant to the Education for All Handicapped Children Act (EAHCA or Act). 20 U.S.C. §§ 1400-1461 (1982).1 For the following reasons, we...

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