KAMPMEIER v. HARRIS


93 Misc.2d 1032 (1978)

Jack A. Kampmeier et al., Individually and as Parents and Natural Guardians of Margaret Kampmeier, an Infant, et al., Petitioners, v. Nancy Harris et al., as Members of the Board of Education of the Pittsford Central School District, et al., Respondents.

Supreme Court, Monroe County.

February 17, 1978


Attorney(s) appearing for the Case

Harris, Beach, Wilcox, Rubin & Levey (Edward H. Fox of counsel), for petitioners. Lines, Wilkens, Osborn & Beck (William T. Lehman of counsel), for Nancy Harris and others, respondents.


ELIZABETH W. PINE, J.

This special proceeding was commenced pursuant to section 4409 of the Education Law (L 1977, ch 787), originally known as the "Spitaleri bill," to enjoin a school district from prohibiting a student from participating in an athletic program by reason of a physical impairment. It is conceded that the student petitioner is an outstanding athlete and that, at the beginning of her seventh...

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