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MATTER OF BEAU II.

95 N.Y.2d 234 (2000)

738 N.E.2d 1167

715 N.Y.S.2d 686

In the Matter of BEAU II., a Person Alleged to be in Need of Supervision, Respondent. LAURIE CASSEL, as Principal of Bennett Elementary School, et al., Appellants.

Court of Appeals of the State of New York.

Decided October 19, 2000.

Attorney(s) appearing for the Case

Office of the Ulster County Attorney, Kingston (Matthew P. Foley of counsel), and Donoghue, Thomas, Auslander & Drohan, Hopewell Junction (James P. Drohan of counsel), for appellants.

Mitch Kessler, Cohoes, for respondent.

Jay Worona, Albany, and Pilar Sokol for New York State School Boards Association, Inc., amicus curiae.

Chief Judge KAYE and Judges SMITH, LEVINE, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

CIPARICK, J.

As a condition for receiving Federal funds under the Individuals with Disabilities Education Act (IDEA), the States must agree to follow certain policies and procedures. One of those conditions, to which New York has agreed as a participant in the program, is that a parent or guardian of a child with a disability be given prior notice and, if requested, an opportunity to be heard at an administrative hearing whenever a local...

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