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POLERA v. BOARD OF EDUC. OF NEWBURGH

Docket Nos. 01-7400(L), 01-7439(XAP).

288 F.3d 478 (2002)

Santina POLERA, a disabled Student, Plaintiff-Appellee-Cross-Appellant, v. The BOARD OF EDUCATION OF THE NEWBURGH ENLARGED CITY SCHOOL DISTRICT, Defendant-Appellant-Cross-Appellee, William J. Swart, Individually and in his capacity as Associate Superintendent, The Sarah N. Snowden Chapter of the National Honor Society, Defendants.

United States Court of Appeals, Second Circuit.

Decided: April 29, 2002.

Attorney(s) appearing for the Case

Alex Smith, Gurda, Gurda & Smith, Middletown, NY (Robert N. Isseks, Middletown, NY, of counsel), for Plaintiff-Appellee-Cross-Appellant Santina Polera.

Mark C. Rushfield, Shaw & Perelson, Highland, NY, for Defendant-Appellant-Cross-Appellee The Board of Education of the Newburgh Enlarged City School District.

Jay Worona, Albany, NY, for Amicus New York State School Boards Association, Inc.

Before: MINER and STRAUB, Circuit Judges.

STRAUB, Circuit Judge.

This appeal requires us to refine our definition of the circumstances in which a disabled student must exhaust her administrative remedies before suing a school district for its alleged failure to provide appropriate educational services. Defendant-Appellant Board of Education of the Newburgh Enlarged City School District ("Board") appeals from the partial denial of its motion for summary judgment and the entry of judgment for Plaintiff-Appellee...

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