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ROGERS v. BENNETT

No. 87-8904.

873 F.2d 1387 (1989)

Dr. Werner ROGERS, in his official capacity as the State School Superintendent, State Board of Education of State of Georgia, DeKalb County School District and School District of the City of Savannah and the County of Chatham, Plaintiffs-Appellants, v. Dr. William BENNETT, in his official capacity as Secretary of the United States Department of Education, and The United States Department of Education, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

As Amended May 5, 1989.

Attorney(s) appearing for the Case

Al Evans, Asst. Atty. Gen., Atlanta, Ga., for plaintiffs-appellants.

Griffin B. Bell, Jr., Fisher & Phillips, Atlanta, Ga., for Savannah-Chatham Co.

Julie J. Jennings, Weeks & Candler, Charles L. Weatherly, Atlanta, Ga., for DeKalb County School Dist.

U.S. Dept. of Justice, Civil Rights Div. Jessica Dunsay Silver, William Bradford Reynolds, Washington, D.C., for U.S. Dept. of Educ.

Before TJOFLAT and FAY, Circuit Judges, and FAWSETT, District Judge.

TJOFLAT, Circuit Judge:

In this case, the Georgia State Board of Education and two local school districts challenge the jurisdiction of the United States Department of Education's Office of Civil Rights to investigate parental complaints concerning the education of their handicapped children. The district court dismissed the Georgia educators' suit for failure to exhaust administrative remedies, and they now appeal. We affirm.

I.

The dispute between...

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