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STRAUBE v. FLORIDA UNION FREE SCHOOL DIST.

No. 91 Civ. 1359 (GLG).

801 F.Supp. 1164 (1992)

Jack Jr., Jean, and Jack III STRAUBE, Plaintiffs, v. FLORIDA UNION FREE SCHOOL DISTRICT, Thomas Sobol, Thomas Neveldine, Commissioners, New York State Education Department, Defendants.

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

August 25, 1992.

Attorney(s) appearing for the Case

Cole, Schotz, Bernstein, Meisel & Forman, P.A. by Rebecca K. Spar, of counsel, Hackensack, N.J., for plaintiffs.

Serchuk & Zelermyer by Steven A. Coploff, of counsel, New York City, for defendant Florida Union Free School Dist.

Robert Abrams, Atty. Gen. by Martha O. Shoemaker, of counsel, New York City, for defendants Thomas Sobol and Thomas Neveldine.

OPINION

GOETTEL, District Judge.

Education plays a vital role in a free society. While not a fundamental right under the Constitution, our courts have consistently recognized that the opportunity to "acquire the minimal skills necessary for the enjoyment of the rights of speech and of full participation in the political process" should be available to all children equally. San Antonio School District v. Rodriguez, 411 U.S. 1

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