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BOARD OF EDUC. v. THOMAS K.

No. 30

14 N.Y.3d 289 (2010)

926 N.E.2d 250

899 N.Y.S.2d 743

In the Matter of BOARD OF EDUCATION OF BAY SHORE UNION FREE SCHOOL DISTRICT, Appellant, v. THOMAS K., Individually and as Parent and Natural Guardian of RYAN K., an Infant, Respondent.

Court of Appeals of New York.

Decided March 30, 2010.

Attorney(s) appearing for the Case

Ingerman Smith, L.L.P., Hauppauge ( Christopher Venator and Ethan D. Balsam of counsel), for appellant.

Bee Ready Fishbein Hatter & Donovan, LLP, Mineola ( Joshua M. Jemal and Kenneth A. Gray of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

Chief Judge LIPPMAN.

This appeal presents two questions governed by section 3602-c of the Education Law: (1) whether petitioner School District is required to provide respondent student with an individual aide at his nonpublic school and (2) whether an individual aide falls within the definition of "services." We find that, under these circumstances, the School District is required to provide the aide at the student's private school...

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