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M.S. EX REL. S.S. v. BOARD OF EDUC. OF YONKERS

No. 2142, Docket No. 00-7178.

231 F.3d 96 (2000)

M.S., on behalf of S.S. his minor child, Petitioner-Appellee, v. BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF YONKERS, Respondent-Appellant.

United States Court of Appeals, Second Circuit. August Term, 1999.

Decided: October 26, 2000.

Attorney(s) appearing for the Case

Neal Howard Rosenberg, New York, New York, for Petitioner-Appellee.

James P. Drohan, New York, New York (Lawrence W. Thomas, Donoghue, Thomas, Auslander & Drohan, Mark J. Krone, Querrey & Harrow, Ltd., on the brief), for Respondent-Appellant.

Before: WALKER, Chief Judge, JACOBS and SOTOMAYOR, Circuit Judges.

JACOBS, Circuit Judge:

The Board of Education of the City School District of the City of Yonkers ("the School Board") appeals from a judgment of the United States District Court for the Southern District of New York (Parker, J.), entered under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1400 et seq., ordering payment of reimbursement to the parent of a learning disabled child for tuition at a private school that educates...

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