CONCERNED PARENTS v. NEW YORK CITY BD. OF ED.

No. 1263, Docket 80-7300.

629 F.2d 751 (1980)

CONCERNED PARENTS & CITIZENS FOR the CONTINUING EDUCATION AT MALCOLM X (PS 79) et al., Plaintiffs-Appellees, v. The NEW YORK CITY BOARD OF EDUCATION; Frank J. Macchiarola, Individually and as Chancellor of the New York City Board of Education, et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 8, 1980.


Attorney(s) appearing for the Case

Carol R. Abramson, Asst. Corp. Counsel, New York City (Allen G. Schwartz, Corp. Counsel of the City of New York, L. Kevin Sheridan, Judith A. Levitt, Jane Hovde, Asst. Corp. Counsel, New York City, of counsel), for defendants-appellants.

James C. Francis IV, The Legal Aid Society, Civil Appeals & Law Reform Unit, New York City (John E. Kirklin, Director of Litigation, The Legal Aid Society, Civil Appeals & Law Reform Unit, New York City, Kalman Finkel, Atty.-in-Charge, The Legal Aid Society, Civil Division, New York City, of counsel, Andrea Mintz, New York City, on the brief), for plaintiffs-appellees.

Before FEINBERG, Chief Judge, and NEWMAN and KEARSE, Circuit Judges.


FEINBERG, Chief Judge:

This case involves the interpretation of the Education for All Handicapped Children Act of 1975, one of the many recent congressional enactments that bring new and complex questions into the federal courts. The New York City Board of Education and various Board officials and trustees (hereafter collectively referred to as the Board) appeal from an order entered in the United States District Court for the Southern District of New York, Robert...

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