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WALCZAK v. FLORIDA UNION FREE SCHOOL DIST.

No. 97-7155.

142 F.3d 119 (1998)

Robert WALCZAK and Karen Walczak, Plaintiffs-Appellees, v. FLORIDA UNION FREE SCHOOL DISTRICT and Maureen Flaherty, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 16, 1998.

Attorney(s) appearing for the Case

Michael H. Sussman (Sussman, Bergstein & Wotorson, Goshen, NY), for Plaintiffs-Appellees.

Frederick B. Simpson, (Ahmuty, Demers & McManus, Albertson, NY, Frederick B. Simpson, Janice Berkowitz, and Brendan T. Fitzpatrick on briefs), for Defendants-Appellants.

Before: OAKES, PARKER, Circuit Judges, RAGGI, District Judge.

RAGGI, District Judge:

At issue in this case is the 1995-96 educational plan and placement proposed for B.W., a learning disabled child. The Florida Union Free School District, located in Orange County, New York, and Maureen Flaherty, its Superintendent of Schools (hereafter collectively referred to as "the School District"), proposed to educate B.W. in a day program for the developmentally disabled at the Orange and Ulster Counties Board of Cooperative Education...

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