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STELLATO ON BEHALF OF REBECCA v. BOARD OF EDUC.

No. 93-CV-242.

842 F.Supp. 1512 (1994)

Peter and Roberta STELLATO, on behalf of their handicapped child, REBECCA, Plaintiffs, v. BOARD OF EDUCATION OF the ELLENVILLE CENTRAL SCHOOL DISTRICT, and The State Review Officer of the New York State Education Department, Defendants.

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

January 31, 1994.

Attorney(s) appearing for the Case

Roberta Stellato, Peter Stellato, pro se.

Anderson, Banks, Curran & Donoghue, Mount Kisco (James P. Drohan, of counsel), for School Dist.

Robert Abrams, Atty. Gen., Albany (Lawrence L. Doolittle, of counsel), for State Review Officer.

McAVOY, Chief Judge.

I. BACKGROUND

This is an action commenced pursuant to the Individuals with Disabilities Education Act (IDEA), as amended, 20 U.S.C. § 1400 et seq. The IDEA creates a comprehensive scheme for assuring that handicapped children receive a "free appropriate public education." 20 U.S.C. § 1401(18). The statute requires states to set up due process procedures to ensure that children with disabilities obtain the education to...

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