DETSEL BY DETSEL v. BOARD OF EDUC. OF AUBURN

No. 84-CV-1353.

637 F.Supp. 1022 (1986)

Melissa DETSEL, an infant by her mother and next friend, Mary Jo DETSEL, Plaintiff, v. BOARD OF EDUCATION OF the AUBURN ENLARGED CITY SCHOOL DISTRICT, Peter Kachris, individually and as Superintendent of the Auburn Enlarged City School District, Gordon Ambach, Commissioner of the New York State Education Department, Stephen Bandas, individually and as Commissioner of the Cayuga County Department of Social Services, and Cesar Perales, individually and as Commissioner of the New York State Department of Social Services, Defendants.

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

June 23, 1986.


Attorney(s) appearing for the Case

Legal Services of Cent. New York, Inc., Syracuse, N.Y., for plaintiff; Joanne Hunt Piersma, of counsel.

Treman & Clynes, Office of Harris, Beach, Wilcox, Rubin and Levey, Ithaca, N.Y., for defendants Bd. of Educ. of Auburn City School Dist. and Peter Kachris; Edward C. Hooks, of counsel.

Robert D. Stone, Albany, N.Y., for defendant Ambach; James H. Whitney, of counsel.


MEMORANDUM-DECISION AND ORDER

McCURN, District Judge.

1. Background

The plaintiff, Mary Jo Detsel, has brought this action on behalf of her daughter Melissa, a handicapped student who attends a special education class at the Seward Elementary School in Auburn, seeking relief under the Education of All Handicapped Children Act, 20 U.S.C. § 1401 et seq. (EAHCA); section 504 of the Rehabilitation Act, 29 U.S.C. § 794; and 42...

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