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RILEY v. AMBACH

No. 465, Docket 80-7600.

668 F.2d 635 (1981)

James RILEY and Loretta Riley, on behalf of themselves and John M. Riley, their minor child et al., Plaintiffs-Appellees, v. Gordon M. AMBACH, as Commissioner of Education of the State of New York et al., Defendants, Gordon M. Ambach, as Commissioner of Education of the State of New York, and The State of New York, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 19, 1981.

On Denial of Rehearing July 31, 1981.

Attorney(s) appearing for the Case

Richard C. Cahn, Huntington, N.Y., for appellees.

Judith A. Gordon and Marion R. Buchbinder, Asst. Attys. Gen., New York City, for appellants.

Before MOORE, MANSFIELD and NEWMAN, Circuit Judges.

MOORE, Circuit Judge:

The plaintiffs, and appellees in this action, are eighteen learning disabled children and their parents. The defendants, and appellants, are the State of New York and the State of New York's Commissioner of Education, Gordon M. Ambach. The State defendants took actions: (1) defining as handicapped only those learning disabled children who exhibit a discrepancy of 50% or more between expected achievement and actual achievement, and (2) withdrawing...

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