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FUENTES v. BOARD OF EDUC. OF CITY OF NEW YORK

Docket No. 06-4715-PR.

540 F.3d 145 (2008)

Jesus FUENTES, as a Parent of a Disabled Child, Plaintiff-Appellant, v. BOARD OF EDUCATION OF the CITY OF NEW YORK, Barry Mastellone, Administrator of the HHVI of the Board of Education of the City of New York, and Denise Washington, Chief Administrator of Impartial Hearing Office of the Board of Education of the City of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Question Certified: August 26, 2008.

Attorney(s) appearing for the Case

Lisa A. Keenan, LeBoeuf, Lamb, Greene & MacRae LLP (Lawrence W. Pollack, LeBoeuf, Lamb, Greene & MacRae LLP, and Shawn V. Morehead and Lucy Eagling, Advocates for Children of New York, Inc., on the brief), New York, N.Y., for Plaintiff-Appellant.

Scott Shorr, Corporation Counsel of the City of New York, (Barry P. Schwartz, Corporation Counsel of the City of New York, of Counsel, on the brief), for Michael A. Cardozo, Corporation Counsel of the City of New York, for Defendants-Appellees.

Before: WALKER, CALABRESI, and RAGGI, Circuit Judges.

JOHN M. WALKER, JR., Circuit Judge.

The primary question presented by this appeal is whether a biological and non-custodial parent of a disabled child has standing to sue under the Individuals with Disabilities Education Act ("IDEA") to vindicate rights granted by the IDEA. Critical to this question is whether, under New York law, a biological and non-custodial parent of a child retains the right to make decisions regarding the child's education where the divorce...

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