Michael Age v. Bullitt County Public Schools

This appeal involves a determination by the Kentucky Department of Education of an appropriate educational program for the minor plaintiff under the Education for All Handicapped Children Act, 20 U.S.C. § 1401 et seq. The district court approved the determination of the Department. Plaintiffs appeal. Appellant Michael Age is a twelve year old boy suffering from a severe to profound hearing loss. Through his parents as next friends, he objects to the State's proposed placement of him in a program developed by the Bullitt County Public Schools. Although the appellant is a resident of Bullitt County, he seeks to continue commuting to school in Jefferson County, because he believes the Jefferson County system offers a more appropriate program for one with his particular handicap. The State, on the other hand, prefers the Bullitt County program, asserting that it is appropriate within the meaning of the Act and that it will cost the State considerably less in tuition and transportation.