United States Second Circuit
MACKEY v. BD. OF EDUC. ARLINGTON SCH. DIST., 03-7860
Parents of a learning disabled child are entitled to reimbursement for private school tuition, under the Individuals with Disabilities Education Act, where the reimbursement is for the child's pendency placement due to the untimely issuance of a state administrative decision.
Appellate Information
- Decided 10/07/2004
- Published 10/07/2004
Judges
- KATZMANN, Circuit Judge., Before: MESKILL, MINER, and KATZMANN, Circuit Judges.
Court
- United States Second Circuit
Counsel
- For Appellant:
- Rosealee Charpentier, Family Advocates, Inc., Kingston, NY, for Plaintiffs-Appellants.
- For Appellees:
- Jeffrey J. Schiro, Kuntz, Spagnuolo, Scapoli & Schiro, P.C., Bedford Village, NY, for Appellee Board of Education for the Arlington Central School District., Carol Fischer, Assistant Solicitor General (Ann P. Zybert, Assistant Solicitor General, and Marion R. Buchbinder, Senior Assistant Solicitor General, on the brief), for Eliot Spitzer, Attorney General of the State of New York, New York, NY, for Appellee State Education Department.