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PRICE v. NYC BD. OF EDUC.

51 A.D.3d 277 (2008)

855 N.Y.S.2d 530

CAMELLA PRICE et al., Appellants, v. NEW YORK CITY BOARD OF EDUCATION, Doing Business as NEW YORK CITY DEPARTMENT OF EDUCATION, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

April 22, 2008.

Attorney(s) appearing for the Case

Norman Siegel, New York and Lovells, LLP, New York City (David Leichtman of counsel), and Morgan, Lewis & Bockius LLP, New York City (Carolyn W. Jaffe, Alan J. Neuwirth, Shira R. Rosenblatt, Jason H. Casell, and Namita E. Mani of counsel), for appellants.

Michael A. Cardozo, Corporation Counsel, New York City (Alan G. Krams and Kristin M. Helmers of counsel), for respondents.

Stroock & Stroock & Lavan LLP, New York City (Alan M. Klinger, Ernst H. Rosenberger and Beth A. Norton of counsel), for United Federation of Teachers, amicus curiae.

ANDRIAS, SAXE, GONZALEZ and SWEENY, JJ., concur.

OPINION OF THE COURT

MAZZARELLI, J.P.

This appeal requires us to balance the interests of the New York City Department of Education (the Department) in maintaining order and discipline in its schools with the concerns of parents and guardians for their children's well-being.

In September 2005, the Department, as required by Education Law § 2801 (2), issued its Discipline Code or Citywide Standards of Discipline and Intervention Measures "for...

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