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KALLIOPE R. v. NEW YORK STATE DEPARTMENT OF EDUCATION

No. 09-CV-1718 (JFB) (WDW).

827 F.Supp.2d 130 (2010)

KALLIOPE R., A Minor Child, by Her Parents, Dr. IRENE D. and Dr. George R.; Spiridonna D., A Minor Child, by Her Parents, Dr. Irene D., and Dr. George R.; Peter John S., A Minor Child, by His Father, Peter S.; Andrew M., A Minor Child, by His Parents, Dorothy M. and Louis M.; and School for Language and Communication Development, Plaintiffs, v. NEW YORK STATE DEPARTMENT OF EDUCATION, Defendant.

United States District Court, E.D. New York.

June 1, 2010.

Attorney(s) appearing for the Case

Farrell Fritz, P.C., by James M. Wicks and Jonathan Kashimer, Uniondale, NY, for plaintiffs.

Andrew M. Cuomo, Attorney General of the State of New York, by Susan M. Connolly, Hauppauge, NY, for defendant.

MEMORANDUM AND ORDER

JOSEPH F. BIANCO, District Judge:

Plaintiffs, parents suing on behalf of four minor children and the special education school the children attend, bring this action pursuant to the Individuals with Disabilities Education Act ("IDEA") and the Rehabilitation Act of 1973. They seek a declaratory judgment that defendant, the New York State Education Department ("NYSED"), has unlawfully promulgated a policy prohibiting the use of a particular...

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