MACKEY v. BOARD OF EDUC. ARLINGTON CENTRAL

No. 03-7860.

386 F.3d 158 (2004)

Thomas MACKEY, Parent of a disabled student, Thomas M.; Barbara Mackey, Parent of a disabled student, Thomas M., Plaintiffs-Appellants, v. BOARD OF EDUCATION FOR THE ARLINGTON CENTRAL SCHOOL DISTRICT; The State Education Department, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: October 7, 2004.


Attorney(s) appearing for the Case

Rosealee Charpentier, Family Advocates, Inc., Kingston, NY, for Plaintiffs-Appellants.

Jeffrey J. Schiro, Kuntz, Spagnuolo, Scapoli & Schiro, P.C., Bedford Village, NY, for Appellee Board of Education for the Arlington Central School District.

Carol Fischer, Assistant Solicitor General (Ann P. Zybert, Assistant Solicitor General, and Marion R. Buchbinder, Senior Assistant Solicitor General, on the brief), for Eliot Spitzer, Attorney General of the State of New York, New York, NY, for Appellee State Education Department.

Before: MESKILL, MINER, and KATZMANN, Circuit Judges.


KATZMANN, Circuit Judge.

This case presents the question of whether the parents of a learning disabled child are entitled to equitable relief under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. §§ 1400-1490, reimbursing them for private school tuition, when the denial of reimbursement results solely from the untimely issuance of a state administrative decision. The suit arises from the complaint of plaintiffs-appellants, Thomas and...

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