LORA v. BOARD OF ED. OF CITY OF NEW YORK

No. 620, Docket 79-7521.

623 F.2d 248 (1980)

Isaac LORA et al., Appellees, v. BOARD OF EDUCATION OF the CITY OF NEW YORK et al., Appellants.

United States Court of Appeals, Second Circuit.

Decided June 2, 1980.


Attorney(s) appearing for the Case

Allen G. Schwartz, Corp. Counsel, New York City (L. Kevin Sheridan, Ronald E. Sternberg, Gregg M. Mashberg, New York City, of counsel), for appellants.

Charles Schinitsky, Brooklyn, N. Y. (Legal Aid Society, Juvenile Rights Division; Charles E. Carter, James I. Meyerson, National Association for the Advancement of Colored People, New York City, Henry S. Weintraub, Jane M. Sufian, Brooklyn, N.Y., Lydia Tugendrajch, New York City, of counsel), for appellees.

Drew S. Days, III, Dept. of Justice, Washington, D. C. (Jessica Dunsay Silver, Mildred M. Matesich, Muriel C. Morisey, Washington, D. C., of counsel), for United States as amicus curiae.

Jeanne Silver Frankl, Public Education Association, New York City (Robert S. Peck, New York City, of counsel), and Paula J. Hepner, New York City (Advocates for Children of New York, Inc., Long Island City, N. Y.), for The Public Education Association and Advocates for Children of New York, Inc., amici curiae.

Before MULLIGAN and OAKES, Circuit Judges, and POLLACK, District Judge.


MILTON POLLACK, District Judge.

In a class suit action against the New York City Board of Education (the "Board") seeking to remedy alleged violations of constitutional and statutory rights, the Board has been ordered to institute sweeping reforms in its programs for the education of emotionally handicapped children. Underlying the order is the District Court's indication that racial discrimination in violation of constitutional mandates as well as violations of the...

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