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COLEMAN v. NEWBURGH ENLARGED CITY SCHOOL DIST.

Docket Nos. 06-1466-cv(L), 06-1732-cv(XAP).

503 F.3d 198 (2007)

Elzie Deshawn COLEMAN, Plaintiff-Appellee-Cross-Appellant, v. NEWBURGH ENLARGED CITY SCHOOL DISTRICT, Peter Copeletti, Individually and as Principal of Newburgh Free Academy High School, and Board of Education of the City of Newburgh School District, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 25, 2007.

Attorney(s) appearing for the Case

Stephen Bergstein, Bergstein & Ullrich, LLP, Chester, New York (Ostrer Rosenwasser, LLP, Chester, New York, Law Offices of Michael H. Sussman, Goshen, New York, on the brief) for plaintiff-appellee-cross-appellant.

Mark C. Rushfield, Shaw & Perelson, LLP, Highland, New York for defendants-appellants-cross-appellees.

Before: WINTER, WALKER and STRAUB, Circuit Judges.

Judge STRAUB concurs in the judgment of the Court and files a separate concurring opinion.

JOHN M. WALKER, JR., Circuit Judge:

In this case, a disabled child was subject to discipline by his school district that entitled him to several administrative remedies under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C.A. § 1400 et seq., but the exhaustion of which would likely have prohibited him from graduating with his class and...

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