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MATTER OF BOARD OF EDUCATION OF BAY SHORE UNION FREE SCHOOL DISTRICT v. KAIN

60 A.D.3d 851 (2009)

875 N.Y.S.2d 239

In the Matter of BOARD OF EDUCATION OF BAY SHORE UNION FREE SCHOOL DISTRICT, Appellant, v. THOMAS KAIN, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 17, 2009.

Ordered that the judgment is affirmed, with costs.

Ryan Kain was referred to the Committee on Special Education (hereinafter the CSE) of the Bay Shore Union Free School District (hereinafter the District) by his first-grade teacher at the privately-operated St. Patrick School. Based on a diagnosis of attention deficit hyperactivity disorder, the CSE developed an individualized education plan (hereinafter IEP) for Kain that, inter alia, included the services of a one...

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