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FILLER v. PORT WASHINGTON UNION FREE SCH. DIST.

No. 76 C 2196.

436 F.Supp. 1231 (1977)

Stuart J. FILLER and Nassau County Chapter of New York Civil Liberties Union, Plaintiffs, v. PORT WASHINGTON UNION FREE SCHOOL DISTRICT, Commissioner of Education of the State of New York, Comptroller of the State of New York and Attorney General of the State of New York, Defendants.

United States District Court, E. D. New York.

As Amended October 25, 1977.

Attorney(s) appearing for the Case

Marvin Zevin and Rona Seider, Mineola, N.Y., for plaintiffs.

Bertram B. Daiker, Port Washington, N.Y., for defendant Pt. Washington School Dist.

Louis J. Lefkowitz, Atty. Gen. of State of New York, Jean M. Coon, Asst. Sol. Gen., Albany, N.Y., for State of New York.

MEMORANDUM AND ORDER

GEORGE C. PRATT, District Judge.

Section 912 of New York's Education Law requires a public school district, upon request of the authorities of a non-public school, to provide to the district's resident children who attend the non-public school, all of the health and welfare services which are made available to the district's public school children:

The voters and/or trustees or board of education of every school district shall...

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