Legal Opinion
Bennett v. City School District
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 1985PublishedCited by 4 opinions
1Opinion of the Court
*60OPINION OF THE COURT
Rubin, J.
This appeal presents two issues for review. The first question we must determine is whether Education Law article 90 or the education article of the State Constitution (NY Const, art XI, § 1) imposes an affirmative duty upon a school district to implement a full-time education program for all students identified as gifted in the district. If the answer is no, we must also determine whether a lottery method of selecting a limited number of students from a group of eligible applicants for participation in a full-time program for gifted children is either arbitrary…
2Cases cited18 opinions
- Brown v. Board of EducationSupreme Court of the United States · 1954
- San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
- Boryszewski v. BrydgesNew York Court of Appeals · 1975
- Donohue v. Copiague Union Free School DistrictNew York Court of Appeals · 1979
- Board of Education v. NyquistNew York Court of Appeals · 1982
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3Cited by4 opinions
- Ferrer v. QuinonesAppellate Division of the Supreme Court of the State of New York · 1987
- Ignizio v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
- Brady v. A Certain TeacherNew York Supreme Court · 1995
- Hill v. New York State Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 1986