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KARL v. BOARD OF EDUC. OF GENESEO C. SCHOOL DIST.

Nos. 552, 554 and 559, Dockets 83-7683, 83-7705, 83-7817, 83-7875 and 83-7877.

736 F.2d 873 (1984)

Lisa KARL, by her parents and natural guardians, Harold and Virginia KARL, Plaintiff-Appellee, v. The BOARD OF EDUCATION OF the GENESEO CENTRAL SCHOOL DISTRICT and Gordon Ambach, Commissioner of the New York State Education Department, and the Livingston-Steuben-Wyoming Counties Board of Cooperative Educational Services, and Charles Holowach, as District Superintendent, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 18, 1984.

Attorney(s) appearing for the Case

James A. Spitz, Jr., Rochester, N.Y. (Mary Anne Kolb, Mary J. Harrington, Harris, Beach, Wilcox, Rubin & Levey, Rochester, N.Y., of counsel), for defendant-appellant Bd. of Educ. of the Geneseo Central School District.

Kenneth Pawson, Albany, N.Y. (Robert D. Stone, Albany, N.Y., of counsel), for defendant-appellant Gordon Ambach, Com'r of the N.Y. State Educ. Dept.

Brendan C. O'Shea, Albany, N.Y. (Peter L. Danziger, O'Connell & Aronowitz, P.C., Albany, N.Y., of counsel), for defendant-appellant Livingston-Steuben-Wyoming Counties Bd. of Cooperative Educational Services.

James R. Sheldon, Jr., Buffalo, N.Y. (Western New York Protection and Advocacy Office for the Developmentally Disabled Neighborhood Legal Services, Inc.; Elizabeth L. Schneider, Statewide Youth Advocacy, Inc., Rochester, N.Y., of counsel), for plaintiff-appellee Lisa Karl.

Before WINTER and PRATT, Circuit Judges, and METZNER, District Judge.

WINTER, Circuit Judge.

This is an appeal from Judge Telesca's order entered under the Education of the Handicapped Act ("Act"), 20 U.S.C. §§ 1400 et seq., directing the defendants to maintain a student-adult ratio of nine-to-one in plaintiff's vocational education class. We reverse.

BACKGROUND

The plaintiff, Lisa Karl, is a handicapped 21 year old woman who is classified as educable mentally retarded. In the fall of 1978, Ms. Karl...

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