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RODIRIECUS L. v. WAUKEGAN SCHOOL

No. 95-2459.

90 F.3d 249 (1996)

RODIRIECUS L. and Betty H., as natural parent and next friend of Rodiriecus L., Plaintiffs-Appellees, v. WAUKEGAN SCHOOL DISTRICT NO. 60 and Alan Brown, in his official capacity as Superintendent of District 60, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided July 25, 1996.

Attorney(s) appearing for the Case

Marcia S. Pierce, Mark Reyes (argued), Prairie State Legal Services, Inc., Waukegan, IL, David Wolowitz, Prairie State Legal Services, Inc., Carol Stream, IL, for plaintiffs-appellees.

Thomas A. Morris, Jr. (argued), George E. Riseborough, Monica J. Conrad, Brydges, Riseborough, Morris, Franke & Miller, Chicago, IL, for defendants-appellants.

Before WOOD, Jr., COFFEY and MANION, Circuit Judges.

COFFEY, Circuit Judge.

The Waukegan School District of Illinois appeals the district court's granting of a preliminary injunction preventing the expulsion of Rodiriecus L. from middle school, pursuant to the stay-put provisions of the Individuals with Disabilities Education Act, 20 U.S.C. § 1415(e)(3). We reverse and remand.

I. FACTS

Rodiriecus L. was born on June 7, 1981. In August 1993, after a juvenile adjudication where Rodiriecus admitted...

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