Court of Appeals of New York
In re: Bd. of Educ. of Bay Shore Union Free Sch. Dist., 30
In an action by a school district to vacate the determination of a State Review Officer, under the Individuals with Disabilities in Education Act, that the district was required to provide a disabled student with an individual aide, the order is affirmed where: 1) if the district's position were upheld, it would be necessary for the child to withdraw from the school his parents selected for him in order to receive the required services, and thus the courts below properly determined that the district was required to provide the one-on-one aide at the student's private school; and 2) a one-on-one aide fell within the statutory definition of "services" in N.Y. Educ. Law section 3602-c [1][a].
Appellate Information
- Decided 03/30/2010
- Published 03/30/2010
Judges
Court
- Court of Appeals of New York