ASS'N FOR RETARDED CITIZENS OF ALABAMA v. TEAGUE

No. 86-7534.

830 F.2d 158 (1987)

ASSOCIATION FOR RETARDED CITIZENS OF ALABAMA, INC., a non-profit corporation; William Doss, individually and as next friend of Robin Doss, a minor; Judy Henry, individually and as next friend of Michael Bradley Henry, a minor; and Jimmy Sherrill, individually and as next friend of Jimmy Zron Sherrill, a minor, Plaintiffs-Appellants, v. Wayne TEAGUE, as Superintendent of Education of the State of Alabama, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 19, 1987.


Attorney(s) appearing for the Case

Capouano, Wampold, Prestwood & Sansone, P.A., Alvin T. Prestwood, Leon M. Capouano, Ellis D. Hanan, Montgomery, Ala., for plaintiffs-appellants.

Denise B. Azar, Montgomery, Ala., for defendant-appellee.

Before VANCE and KRAVITCH, Circuit Judges, and BROWN, Senior Circuit Judge.


VANCE, Circuit Judge:

This case involves the requirement that plaintiffs asserting claims under the Education for All Handicapped Children Act must first exhaust state administrative remedies before bringing an action in federal court. Plaintiffs argue that, in the particular circumstances of this case, resort to the state procedures would have been futile and thus their bypassing of the administrative process was proper. We disagree.

I.

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