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ROSLYN UNION FREE SCHOOL DISTRICT v. GEFFREY W.

293 A.D.2d 662 (2002)

740 N.Y.S.2d 451

ROSLYN UNION FREE SCHOOL DISTRICT, Respondent, v. GEFFREY W. et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided April 22, 2002.

Ordered that the order is affirmed, with costs.

Pursuant to 20 USC § 1415 (j) and Education Law § 4404 (4) (a), a student shall remain in his then-current educational placement during the pendency of any proceedings regarding whether he is disabled as contemplated by these statutes. As such, even where a student poses a danger to himself or others, a school district may not unilaterally change the student's placement from regular instruction to homebound...

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