Legal Opinion

Stellato Ex Rel. Rebecca v. Board of Education of the Ellenville Central School District

District Court, N.D. New York

Decided January 31, 1994No. 1:93-cr-00242PublishedCited by 13 opinions

1Opinion of the Court

McAVOY, Chief Judge.

I. BACKGROUND

This is an action commenced pursuant to the Individuals with Disabilities Education Act (IDEA), as amended, 20 U.S.C. § 1400 et seq. The IDEA creates a comprehensive scheme for assuring that handicapped children receive a “free appropriate public education.” 20 U.S.C. § 1401(18). The statute requires states to set up due process procedures to ensure that children with disabilities obtain the education to which they are entitled.

Article 89 of the New York Education Law § 4401 et seq. and 8 N.Y.C.R.R. part 200, were adopted, in part, to comply with the State’s…

2Cases cited15 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Powell v. McCormackSupreme Court of the United States · 1969
  3. United States Parole Commission v. GeraghtySupreme Court of the United States · 1980
  4. Murphy v. HuntSupreme Court of the United States · 1982
  5. School Committee of the Town of Burlington v. Department of EducationSupreme Court of the United States · 1985

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3Cited by13 opinions

  1. Polera v. Board of Education of the Newburgh Enlarged City School DistrictCourt of Appeals for the Second Circuit · 2002
  2. Hope v. CortinesDistrict Court, E.D. New York · 1995
  3. Wenger v. Canastota Central School DistrictDistrict Court, N.D. New York · 1997
  4. Connors v. MillsDistrict Court, N.D. New York · 1998
  5. Lillbask Ex Rel. Mauclaire v. SergiDistrict Court, D. Connecticut · 2002

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