United States Second Circuit

In an Individuals with Disabilities Education Act (IDEA) claim, defendant-school's contention that plaintiffs should have been required to exhaust their administrative remedies before bringing a federal court action is rejected where defendant's systematic violations of the IDEA cannot be remedied through administrative proceedings.

Appellate Information

• Decided 10/06/2004
• Published 10/06/2004

Judges

• JOHN R. GIBSON, Circuit Judge., Before:  CARDAMONE, SACK, and JOHN R. GIBSON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Ronald M. Hager, Neighborhood Legal Services, Buffalo, NY;  Jonathan Feldman, Public Interest Law Office Of Rochester, Rochester, NY, for Amicus Curiae National Association of Protection and Advocacy Systems and Western New York Disability Law Coalition., Jay Worona, New York State School Boards Association, Inc., Latham, NY, for Amicus Curiae New York State School Boards Association, Inc.


• For Appellees:
  
• Daniel J. Moore, Law Firm of Harris Beach LLP, Pittsford, NY, for Defendant-Appellant., Bruce A. Goldstein, Law Firm of Bouvier, O'Connor, LLP (Arthur H. Ackerhalt, of counsel), Buffalo, NY, for Plaintiffs-Appellees.