J.S. EX REL. N.S. v. ATTICA CENT. SCHOOLS

Docket No. 03-7170.

386 F.3d 107 (2004)

J.S., hereinafter "John", by his parent and natural guardian; N.S., individually and on behalf of all others similarly situated; S.H., hereinafter "Sally" by her parent and natural guardian; C.H., Charles hereinafter by their parent and natural guardian; J.H., individually and on behalf of all others similarly situated; C.Z., hereinafter "Caroline" by their parent and natural guardian; K.Z., "Ken" hereinafter by their parent and natural guardian individually and on behalf of all situated; (Hereinafter "Dennis"), by His Parent and Natural Guardian, S.E., on Behalf of all Others Similarly Situated, Plaintiffs — Appellees, v. ATTICA CENTRAL SCHOOLS, Defendant — Appellant.

United States Court of Appeals, Second Circuit.

Decided: October 6, 2004.


Attorney(s) appearing for the Case

Daniel J. Moore, Law Firm of Harris Beach LLP, Pittsford, NY, for Defendant-Appellant.

Bruce A. Goldstein, Law Firm of Bouvier, O'Connor, LLP (Arthur H. Ackerhalt, of counsel), Buffalo, NY, for Plaintiffs-Appellees.

Ronald M. Hager, Neighborhood Legal Services, Buffalo, NY; Jonathan Feldman, Public Interest Law Office Of Rochester, Rochester, NY, for Amicus Curiae National Association of Protection and Advocacy Systems and Western New York Disability Law Coalition.

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

Before: CARDAMONE, SACK, and JOHN R. GIBSON, Circuit Judges.


JOHN R. GIBSON, Circuit Judge.

Six students who attend school in the Attica Central School District brought an action against the School District primarily alleging that they have been denied the provision of a free appropriate public education. They included claims under the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973, Section 1983, and related New York state education laws. The students sought equitable relief...

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