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BRYANT v. NEW YORK STATE EDUC. DEPT.

Docket No. 10-4029-cv.

692 F.3d 202 (2012)

Charles BRYANT, individually and as next friend and guardian of D.B., Ava George, individually and as next friend and guardian of B.G., Chanin Houston-Josephat, individually and as next friend and guardian of A.J., Lisa Hughes, individually and as next friend and guardian of J.R., Carmen Pena, individually and as next friend and guardian of G.T., Vivian Presley, individually and as next friend and guardian of D.P., Jamie Tam, individually and as next friend and guardian of S.T., Plaintiffs-Appellants, v. NEW YORK STATE EDUCATION DEPARTMENT, David M. Steiner, in his capacity as Commissioner of the New York State Education Department, The New York State Board of Regents, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 20, 2012.

Attorney(s) appearing for the Case

Michael P. Flammia , Eckert Seamans Cherin & Mellott, LLC, Boston, MA. ( Jeffrey J. Sherrin , O'Connell and Aronowitz, P.C., Albany, NY, and Meredith H. Savitt , Law Office of Meredith Savitt, P.C., Delmar, NY, on the brief), for Plaintiffs-Appellants.

Andrew B. Ayers , Assistant Solicitor General ( Barbara D. Underwood , Solicitor General, Benjamin N. Gutman , Deputy Solicitor General, on the brief), for Eric T. Schneiderman, Attorney General of the State of New York, for Defendants-Appellees.

Before: JACOBS, Chief Judge, WESLEY, Circuit Judge, and SULLIVAN, District Judge.

DENNIS JACOBS, Chief Judge:

Plaintiffs — the parents and/or legal guardians of seven children with disabilities, who bring this suit on behalf of themselves and the children — appeal a judgment of the United States District Court for the Northern District of New York (Sharpe, J.), dismissing their suit for failure to state a claim upon which relief can be granted, and denying their motion for a preliminary...

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