Clifford Burr, by His Parents and Next Friends, Kenneth Burr, Betty Burr v. Thomas Sobol, as Commissioner of the New York State Education Department

The background of this case is described in the prior opinion of this court, reported at 863 F.2d 1071 (2d Cir.1988). 1 It is before us again because the judgment of this court was vacated by the Supreme Court, Sobol v. Burr, — U.S. -, 109 S.Ct. 3209, 106 L.Ed.2d 560 (1989). In our opinion, we reinstated an award of compensatory education beyond age twenty-one to a handicapped youth because he had been denied his right to a free, appropriate education during delays in the statutorily mandated hearing process. Burr, 863 F.2d at 1078. A New York State hearing officer had originally awarded the…