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R.E. v. NEW YORK CITY DEPT. OF EDUC.

Docket Nos. 11-1266-cv, 11-1474-cv, 11-655-cv.

694 F.3d 167 (2012)

R.E., Individually, on behalf of J.E., M.E., Individually, on behalf of J.E., Plaintiffs-Appellees, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Defendant-Appellant. R.K., by her parents R.K. and S.L., Plaintiff-Appellee, v. New York City Department of Education, Defendant-Appellant. E.Z.-L., by her parents R.L. and A.Z., Plaintiff-Counter-Defendant-Appellant, v. New York City Department of Education, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: September 20, 2012.

Attorney(s) appearing for the Case

Tracey Spencer Walsh , ( Gary S. Mayerson , Maria C. McGinley , on the brief), Mayerson & Associates, New York, New York, for Plaintiffs-Appellees R.E., M.E. and R.K.

Alan G. Krams ( Kristin M. Helmers , Lesley Berson Mbaye , Stephen J. McGrath , Kimberly Conway , Julie Steiner , on the brief) for Defendants-Appellants Corporation Counsel for the City of New York, NY and New York City Department of Education.

Gary S. Mayerson , ( Tracey Spencer Walsh , Brianne N. Dotts , on the brief), Mayerson & Associates, New York, New York, for Plaintiff-Counter-Defendant-Appellant E.Z.-L.

Before: WINTER, JOHN M. WALKER, JR., and CABRANES, Circuit Judges.

JOHN M. WALKER, JR., Circuit Judge:

These cases require us to resolve several legal issues related to the rights of disabled children under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1400 et seq. In these three cases, parents of autistic children (collectively and in their respective pairs, "the parents") declined school placements offered by the New York City Department of Education ("the Department") and placed their children...

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