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RUSSMAN BY RUSSMAN v. SOBOL

No. 996, Docket 95-7756.

85 F.3d 1050 (1996)

Colleen RUSSMAN, a child with disabilities, by her parents, Patricia and Paul RUSSMAN, Plaintiffs-Appellees, v. Thomas SOBOL, as Commissioner of the New York State Education Department, Defendant, Board of Education of the Enlarged City School District of the City of Watervliet, New York, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 12, 1996.

As Amended June 27, 1996.

Attorney(s) appearing for the Case

Cory Haines, Law Intern, Disabilities Law Clinic of Albany Law School, Albany, New York (Nancy M. Maurer; Joseph Connors; Michael Cardinale, law intern, of counsel), for Plaintiff-Appellee.

Stephen F. Bailly, Hicks & Bailly, Albany, New York, for Defendant-Appellant.

Michael L. Costello, Albany, New York (Richard E. Barnes, John A. Liekweg, Mark A. Mainello, of counsel), for Amicus Curiae New York State Catholic Conference.

Gerald A. Rosenberg, Rosenman & Colin, New York City (John F. Finnegan, Bruce M. Sabados, Rosemary Halligan, Stacey B. Creem, of counsel), for Amici Curiae New York State Schools are for Everyone, the National Association of Protection and Advocacy Systems, and Western New York Disability Law Coalition.

Jay Worona, Albany, New York (Pilar Sokol, of counsel), for Amicus Curiae New York State School Boards Association, Inc.

Before: OAKES, WINTER, and WALKER, Circuit Judges.

WINTER, Circuit Judge:

This appeal presents important questions concerning obligations imposed upon public school authorities by the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1400 et seq., and the constitutionality of those obligations under the Establishment Clause of the First Amendment. Colleen Russman and her parents commenced this suit against the Board of Education of Watervliet, New York (the "school district"), alleging...

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