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E.M. EX REL. N.M. v. NEW YORK CITY DEPT. OF EDUC.

Docket No. 11-1427-cv.

758 F.3d 442 (2014)

E.M., as parent and natural guardian of N.M., an infant, Plaintiff-Appellant, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 11, 2014.

Attorney(s) appearing for the Case

William B. Adams ( Ellison S. Ward , on the brief), Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY, for Plaintiff-Appellant.

Julie Steiner ( Edward F.X. Hart , G. Christopher Harriss , Brian Reimels , John Buhta , on the brief), for Michael A. Cardozo , Corporation Counsel of the City of New York, New York, NY, for Defendant-Appellee.

Rebecca C. Shore , New York, NY, for amici curiae Advocates for Children of New York, Legal Services NYC Bronx, Manhattan Legal Services, New York Lawyers for the Public Interest, Queens Legal Services, and South Brooklyn Legal Services in support of Plaintiff-Appellant.

Before: KEARSE, JACOBS, and CARNEY, Circuit Judges.

SUSAN L. CARNEY, Circuit Judge:

Plaintiff E.M. is a mother with limited financial means who is raising a severely disabled child in New York City. In 2008, E.M. unilaterally withdrew her daughter, N.M., from public school and enrolled her in a private learning center, asserting that the New York City Department of Education (the "Department") failed to provide N.M. with the free appropriate public education that is required by the Individuals with Disabilities Education...

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