James Edward Jackson, a Minor Joined by His Mother, Lillie R. Thompson v. Franklin County School Board, Wanda Gandy, Robert Kimbrough, Larry Alford

REAVLEY, Circuit Judge:

Plaintiffs, James Edward Jackson, a handicapped child, and his mother, Mrs. Lillie Thompson, brought this action under the Education of Handicapped Children Act (EHA), 20 U.S.C. §§ 1401-1454, and the Civil Rights Act of 1871, 42 U.S.C. § 1983, claiming that James had been unlawfully excluded from defendant Franklin County Schools. We reverse and remand.

I

Facts & Background

From 1979 through January 1984, plaintiff James Edward Jackson attended special education classes, pursuant to the Education of Handicapped Children Act (EHA), 20 U.S.C. §§ 1401-1454 (1978 & Supp.1986),…