School Board of County of Prince William v. Malone

Before: HALL, ERVIN, and SNEEDEN, Circuit Judges SNEEDEN The School Board of Prince William County, Virginia, (""School Board"") appeals from a decision of the United States District Court for the Eastern District of Virginia dismissing the School Board's complaint against defendants Jerry T. Malone (""Jerry"") and his parents, Verda J. and Robert A. Malone. The School Board filed a complaint in federal district court pursuant to the Education for All Handicapped Children Act of 1975 (""EAHCA"" or ""the Act""), 20 U.S.C. §§ 1400-1461 (1976 and Supp. 1980), and the Virginia special education statutes, Va. Code Ann. §§ 22.1-213 to -222, contesting an administrative decision which prohibited the School Board from expelling Jerry Malone from one of the county schools. The district court held that Jerry's expulsion was subject to review in federal court pursuant to the provisions of the EAHCA and that his expulsion was unlawful because the behavior for which he was expelled was caused by his handicap. We agree with the district court and accordingly affirm its decision. I.