DeLEON v. SUSQUEHANNA COMMUNITY SCHOOL DIST.

No. 83-3446.

747 F.2d 149 (1984)

David DeLEON and Mania DeLeon, for themselves and on behalf of their infant son, Lorin, Appellants, v. SUSQUEHANNA COMMUNITY SCHOOL DISTRICT; William Stracka, Superintendent, officially and in his individual capacity; Jim Bucci, officially and in his individual capacity; Bob Williams, officially and in his individual capacity; Mike Josko, officially and in his individual capacity; Mary Pat Darrow, officially and in her individual capacity; Mary Jane Redden, officially and in her individual capacity; Jack McMahon, officially and in his individual capacity; Donald Morgan, officially and in his individual capacity; Nancy Washburn, officially and in her individual capacity; Charles Fisher, officially and in his individual capacity, Appellees.

United States Court of Appeals, Third Circuit.

Decided October 30, 1984.


Attorney(s) appearing for the Case

Ronald R. Benjamin (argued), Binghamton, N.Y., for appellants.

Paul L. Stevens (argued), John J. Cerra, Curtin & Heefner, Carbondale, Pa., for appellees.

Before ADAMS and BECKER, Circuit Judges, and SAROKIN, District Judge


OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal presents the question whether a change in the method of transporting a seriously handicapped child to a special education facility can be considered a change in "educational placement" within the meaning of the Education of All Handicapped Children Act, 20 U.S.C. § 1415(e)(3) ("EHA"). Section 1415(e)(3), which is known as the "stay put" provision, requires that a school district keep a handicapped...

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