ANDREW H. BY IRENE H. v. AMBACH

No. 84-CV-131.

600 F.Supp. 1271 (1984)

ANDREW H., a minor, by his mother, IRENE H., Denise P., a minor, by her mother, Diane P., Becky D. and Dicky D., minors, by their mother, Jeanne D., Scott W., a minor, by his mother, Janet W., Katrina S., a minor, by her mother, Shirley S., Steven Z., a minor by his father, Leo Z., Erin G., a minor, by her mother, Candice G., on behalf of themselves and all others similarly situated, the Clear View School of the Association for Mentally Ill Children of Westchester, Inc., the Greenshire Residential School for Retarded Children, the Herbert G. Birch School Inc., the Interagency Council of Mental Retardation and Developmental Disabilities Agencies, Inc., the New York State Council of Voluntary Family and Child Care Agencies, Inc., and Organization to Assure Services for Exceptional Students, Inc., Plaintiffs, v. Gordon M. AMBACH, individually and as Commissioner of Education of the State of New York, and Michael Finnerty, individually and as Director of the Budget of the State of New York, Defendants.

United States District Court, N.D. New York.

December 31, 1984.


Attorney(s) appearing for the Case

Rebell & Krieger, New York City, for plaintiffs; Michael A. Rebell, Arthur R. Block, New York City, Marion C. Katzive, White Plains, N.Y., of counsel.

Robert Abrams, Atty. Gen. of the State of N.Y., Albany, N.Y., for defendants; Lawrence L. Doolittle, Asst. Atty. Gen., Albany, N.Y., of counsel.


MEMORANDUM-DECISION and ORDER

MINER, District Judge.

I

This action arises out of a challenge to the New York State rate setting procedure for tuition reimbursement of private schools providing services to handicapped children who are unable to be placed in public school programs under the Education of the Handicapped Act ("EHA"), 20 U.S.C. §§ 1401-1461, and Article 89 of the New York State Education Law, N.Y. Educ.Law §§ 4401...

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