TUCKER v. BAY SHORE UNION FREE SCHOOL DIST.

No. 694, Docket 88-7804.

873 F.2d 563 (1989)

Pamela TUCKER and Michael Tucker, individually and as parents and natural guardians of Jonas Tucker, Plaintiffs-Appellants, v. BAY SHORE UNION FREE SCHOOL DISTRICT, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 18, 1989.


Attorney(s) appearing for the Case

Seth P. Stein, Garden City, N.Y., for plaintiffs-appellants.

Lawrence W. Reich (Ingerman, Smith, Greenberg, Gross, Richmond, Heidelberger & Reich, Northport, N.Y., of counsel), for defendant-appellee.

Before MESKILL and PRATT, Circuit Judges.


MESKILL, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Eastern District of New York, Wexler, J., granting the Fed.R.Civ.P. 12(b)(6) motion of defendant-appellee Bay Shore Union Free School District (the School District) and dismissing the complaint of plaintiffs-appellants Pamela and Michael Tucker (the Tuckers). The Tuckers' complaint is based on the Education of the Handicapped Act ("the EHA" or "the Act"), Pub.L. No...

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