JEFFREY S. BY ERNEST S. v. STATE BD. OF EDUC. OF GEORGIA

No. 89-8784.

896 F.2d 507 (1990)

JEFFREY S., a minor, by ERNEST S., his father and next friend, Plaintiff-Appellee, v. STATE BOARD OF EDUCATION OF STATE OF GEORGIA; Dr. Werner Rogers, in his official capacity as Superintendent of the State Board of Education, Defendants, Bryan County School District; Dr. Sallie Brewer, in her official capacity as Superintendent of the Bryan County School District, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

March 13, 1990.


Attorney(s) appearing for the Case

Gerald M. Edenfield, Susan Cox, Becky J. Dasher, Statesboro, Ga., and M. Tyus Butler, Jr., Savannah, Ga., for defendants-appellants.

Torin D. Togut, Phyllis J. Holmen, Georgia Legal Services Program, Atlanta, Ga., and Murphy A. Cooper, III, Georgia Legal Services Program, Savannah, Ga., for plaintiff-appellee.

Before TJOFLAT, Chief Judge, and JOHNSON and ANDERSON, Circuit Judges.


PER CURIAM:

Bryan County School District ("Bryan County") appeals from a preliminary injunction ordering Bryan County to allow Jeffrey S. to remain in a class of moderately mentally handicapped students in the Bryan County school system. The injunction has been stayed pending the outcome of this appeal; Jeffrey S.'s emergency motion to vacate the stay of injunction is also presented on this appeal.

I. STATEMENT OF THE CASE

A. Background<...

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