United States Second Circuit

When access to immediate relief is essential to a child's rights under the Individuals with Disabilities Act, parents were not required to exhaust administrative remedies, and a school district is responsible for tuition until placement is changed in accordance with the Act.

Appellate Information

• Argued 03/13/2002
• Decided 07/17/2002
• Published 07/17/2002

Judges

• SOTOMAYOR, Circuit Judge., Before:  McLAUGHLIN, LEVAL, and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Karen Norlander, Scott M. Goodspeed, Ruberti, Girvin, & Ferlazzoo, Albany, N.Y., for Amicus Curiae New York State Council of School Superintendents., Jay Worona, Albany, N.Y., for Amicus Curiae New York State School Boards Association., Thomas E. Chandler, Mark L. Gross, U.S. Department of Justice, (Bill Lann Lee, Acting Assistant Attorney General, Judith Winston, General Counsel, Suzanne Sheridan, U.S. Department of Education, on the brief), Washington, D.C., for Amicus Curiae United States of America.


• For Appellees:
  
• Jeffrey Schiro, (Raymond G. Kuntz, on the brief), Bedford Village, N.Y., for Defendant-Appellant., Richard A. Acito, Astoria, N.Y., for Plaintiffs-Appellees.