CHRISTOPHER P. BY NORMA P. v. MARCUS

Nos. 1328, 1447, Dockets 89-7909, 90-7155.

915 F.2d 794 (1990)

CHRISTOPHER P., a minor, by his mother and next friend, NORMA P.; Norma P., on their own behalf and on behalf of all others similarly situated, Plaintiffs-Appellants, Cross-Appellees, v. Mark J. MARCUS, individually and in his capacity as Commissioner of the Connecticut Department of Children and Youth Services; Robert Suerken, individually and in his capacity as Superintendent of Schools of the Unified School District II, within the Connecticut Department of Children and Youth Services; Kathy Rockwood, individually and in her capacity as principal of the Family School, within the Unified School District of the Connecticut Department of Children and Youth Services; Gerald Tirozzi, individually and in his capacity as Secretary and Chief Executive Officer of the Connecticut State Board of Education, Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 27, 1990.


Attorney(s) appearing for the Case

Richard McCarthy, Fairfield, Conn., for plaintiffs-appellants, cross-appellees.

John R. Whelan, Hartford, Conn., Asst. Atty. Gen. of State of Conn. (Ralph E. Urban, Asst. Atty. Gen., of counsel), for defendants-appellees, cross-appellants.

Before VAN GRAAFEILAND, MESKILL and WALKER, Circuit Judges.


WALKER, Circuit Judge:

This appeal involves the applicability of subchapter II of the Education of the Handicapped Act, entitled Assistance for Education of All Handicapped Children ("EAHCA" or "the Act"), 20 U.S.C. § 1400 et seq., to the decision to discharge a child from a Connecticut facility at which he received special education services. Plaintiffs Christopher P., a handicapped minor child, by his mother and next friend Norma P., and Norma P. on...

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