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CHARTER SCHOOL v. MILLS

276 A.D.2d 165 (2000)

715 N.Y.S.2d 490

In the Matter of INTERNATIONAL HIGH SCHOOL: A CHARTER SCHOOL AT LAGUARDIA COMMUNITY COLLEGE et al., Appellants, v. RICHARD P. MILLS, as Commissioner of Education of the State of New York, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 2, 2000.

Attorney(s) appearing for the Case

Fried, Frank, Harris, Shriver & Jacobson, New York City (Bonnie Steingart of counsel), for appellants.

Eliot Spitzer, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

MERCURE, J.P., SPAIN, CARPINELLO and GRAFFEO, JJ., concur.

OPINION OF THE COURT

PETERS, J.

Petitioners, alternative high schools located in Queens County, were part of a consortium of 28 schools which was granted, in May 1995, a five-year variance to develop alternative evaluative tools to assess student achievement by means other than the State Regents examinations. In 1996, petitioners applied for and obtained designations as "twenty-first century schools" under Education Law § 309-a (hereinafter the Twenty...

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