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RODRIGUEZ v. BD. OF EDUC. OF THE CITY OF NEW YORK

104 A.D.2d 978 (1984)

Juan Rodriguez, an Infant, by His Mother and Natural Guardian, Maria Maldonado et al., Respondents, v. Board of Education of the City of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 22, 1984

Judgment affirmed, with costs.

On September 16, 1977, Juan Rodriguez, then 12 years old, was enrolled in one of two special classes for trainable mentally retarded children1 at P.S. 261 in Brooklyn. Juan's teacher, Beverly Kolstein, took the class of approximately 16 children outside to the kindergarten playground at about 11:00 A.M. for what she referred to as a supervised play period. Th primary purpose of this period was to "normalize...

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