Legal Opinion
Fuentes v. Board of Educ. of City of New York
Court of Appeals for the Second Circuit
Decided August 26, 2008No. Docket 06-4715-PRPublishedCited by 15 opinions
1Opinion of the Court
JOHN M. WALKER, JR., Circuit Judge.
The primary question presented by this appeal is whether a biological and noncustodial parent of a disabled child has standing to sue under the Individuals with Disabilities Education Act (“IDEA”) to vindicate rights granted by the IDEA. Critical to this question is whether, under New York law, a biological and non-custodial parent of a child retains the right to make decisions regarding the child’s education where the divorce decree and custody order are silent as to the control of educational decisions. Because the subsidiary question has not been decided…
2Cases cited9 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Weiss v. WeissNew York Court of Appeals · 1981
- State of Connecticut v. Physicians Health Services of Connecticut, Inc.Court of Appeals for the Second Circuit · 2002
- Stevenot v. StevenotAppellate Division of the Supreme Court of the State of New York · 1987
- BRIGGS AVENUE v. Insurance Corp. of HannoverCourt of Appeals for the Second Circuit · 2008
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- W.R. Huff Asset Management Co. v. Deloitte & Touche LLPCourt of Appeals for the Second Circuit · 2008
- Georgitsi Realty, LLC v. Penn-Star Insurance CompanyCourt of Appeals for the Second Circuit · 2012
- Caviezel v. Great Neck Public SchoolsCourt of Appeals for the Second Circuit · 2012
- Decter v. Second Nature Therapeutic Program, LLCDistrict Court, E.D. New York · 2014
- Fuentes v. Board of EducationNew York Court of Appeals · 2009
10 more not listed; retrieve them via the Exa API.