Antkowiak ex rel. Antkowiak v. Ambach

MINER, Circuit Judge:

John M. Antkowiak commenced an action on behalf of his daughter, plaintiff-appellee Lara Antkowiak, in the United States District Court for the Western District of New York (Curtin, C.J.) against defendant-appellant Gordon M. Ambach, as Commissioner of the New York State Education Department (“SED”). The complaint asserted claims under the Education of the Handicapped Act (“EHA” or “the Act”), 20 U.S. C. § 1400 et seq. (1982); the Rehabilitation Act of 1973, 29 U.S.C. § 794 (1982); and 42 U.S.C. § 1983 (1982) for violation of plaintiff’s rights under the EHA and…