United States Second Circuit

Judgment confirming the decision of the state review officer that plaintiff school district provide defendant's seven-year-old son who has ADHD a one-to-one teacher's aide at his parochial school is vacated, and the appeal dismissed, where the district court improperly assumed jurisdiction over this case. Even if the IDEA incorporates the relevant New York Education Law, it does not provide an independent federal question that would sustain the court's jurisdiction.

Appellate Information

• Argued 11/22/2006
• Decided 05/10/2007
• Published 05/10/2007

Judges

• MESKILL, Circuit Judge., Before MESKILL, WINTER and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Christopher Venator, Hauppauge, NY, (Ingerman Smith, L.L.P., Hauppauge, NY, of counsel), for Appellant.


• For Appellees:
  
• Robert E. Fekete, Mineola, NY, (Kenneth A. Gray, Bee Ready Fishbein Hatter & Donovan, L.L.P., Mineola, NY, of counsel), for Appellee.