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MURPHY v. ARLINGTON CENT. SCHOOL

Docket No. 00-7358.

297 F.3d 195 (2002)

Pearl MURPHY and Theodore Murphy, Plaintiffs-Appellees, v. ARLINGTON CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 16, 2002.

Attorney(s) appearing for the Case

Jeffrey Schiro, (Raymond G. Kuntz, on the brief), Bedford Village, N.Y., for Defendant-Appellant.

Richard A. Acito, Astoria, N.Y., for Plaintiffs-Appellees.

Karen Norlander, Scott M. Goodspeed, Ruberti, Girvin, & Ferlazzoo, Albany, N.Y., for Amicus Curiae New York State Council of School Superintendents.

Jay Worona, Albany, N.Y., for Amicus Curiae New York State School Boards Association.

Thomas E. Chandler, Mark L. Gross, U.S. Department of Justice, (Bill Lann Lee, Acting Assistant Attorney General, Judith Winston, General Counsel, Suzanne Sheridan, U.S. Department of Education, on the brief), Washington, D.C., for Amicus Curiae United States of America.

Before: McLAUGHLIN, LEVAL, and SOTOMAYOR, Circuit Judges.

SOTOMAYOR, Circuit Judge.

This case has its genesis in a dispute over the appropriate educational placement for plaintiffs' disabled son. The Murphys, parents of Joseph Murphy, a "child with a disability" within the meaning of the Individuals with Disabilities Education Act ("the IDEA"), 20 U.S.C. § 1400 et seq., petitioned the United States District Court for the Southern District of New York (Haight, J.) for an

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