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MR. AND MRS. A. v. N.Y. CITY DEPARTMENT OF EDUC.

No. 09 Civ. 5097 (PGG).

769 F.Supp.2d 403 (2011)

MR. AND MRS. A. o/b/o D.A., Plaintiffs, v. NEW YORK CITY DEPARTMENT OF EDUCATION, and Joel Klein, in his official capacity as Chancellor of the New York City School District, Defendants.

United States District Court, S.D. New York.

February 1, 2011.

Attorney(s) appearing for the Case

Caroline Jean Heller , Greenberg Traurig, LLP, New York, NY, Michele Kule-Korgood , Law Offices of Michele Kule-Korgood, Forest Hills, NY, for Plaintiffs.

David Alan Rosinus, Jr. , New York City Law Department, New York, NY, for Defendants.

MEMORANDUM OPINION & ORDER

PAUL G. GARDEPHE, District Judge.

This case presents the following question of first impression:

1. When a child with disabilities has been denied a free and appropriate public education; and 2. the child's parents have enrolled the child in an appropriate private school; and 3. the equities favor an award of the costs of private school tuition; but 4. the parents, due to a lack...

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