United States Second Circuit

In a suit brought by parents and/or legal guardians of children with disabilities, seeking equitable relief preventing the New York Board of Regents, the New York State Educations Department, and the Commissioner of the Education Department from enforcing a prohibition on the use of aversive interventions, district court's judgment dismissing the suit for failure to state a claim upon which relief can be granted and denial of plaintiffs' motion for a preliminary injunction is affirmed, as the prohibition of one possible method of dealing with disorders in behavior, such as aversive intervention, does not undermine a child's right to an individualized, free and appropriate public education, and New York's law represents the state's considered judgment regarding the education and safety of its children that is consistent with federal education policy and the United States Constitution.

Appellate Information

• Decided 08/20/2012
• Published 08/20/2012

Judges

• Jcobs

Court

• United States Second Circuit

Counsel