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HELDMAN v. SOBOL

No. 446, Docket 91-7581.

962 F.2d 148 (1992)

Edward Joseph HELDMAN, on Behalf of his handicapped son, T.H., and on behalf of himself as an advocate for handicapped children, Plaintiff-Appellant, v. Thomas SOBOL, Commissioner, State Education Department of New York, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 16, 1992.

Attorney(s) appearing for the Case

Michael H. Sussman, Goshen, N.Y., for plaintiff-appellant.

Martha O. Shoemaker, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen., of counsel), for defendant-appellee.

Before OAKES, Chief Judge, LUMBARD and ALTIMARI, Circuit Judges.

OAKES, Chief Judge:

This case presents the question of whether the parent of a child with a disabling condition who is challenging an alleged system-wide violation of the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. §§ 1400-1485 (1988 & Supp. II 1990) can overcome the hurdles of standing, justiciability, and exhaustion of administrative remedies. IDEA requires states, which receive grants under the Act, to provide children with disabling...

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