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

FEINBERG, Chief Judge:

Clifford Burr, by his parents and next friends Kenneth Burr and Betty Burr, appeals from two orders of the United States District Court for the Southern District of New York, Robert L. Carter, J., dismissing plaintiffs claims under the Education of the Handicapped Act, 20 U.S.C. § 1400 et seq. (hereafter “EHA” or “the Act”), and denying recovery of attorney’s fees from the New York State Commissioner of Education, defendant in this case. For reasons given below, with respect to the first order, we reverse the judgment of the district court; with respect to the second…