ANDREW H. BY IRENE H. v. Ambach

MEMORANDUM-DECISION and ORDER

MINER, District Judge.

I

This action arises out of a challenge to the New York State rate setting procedure for tuition reimbursement of private schools providing services to handicapped children who are unable to be placed in public school programs under the Education of the Handicapped Act (“EHA”), 20 U.S.C. §§ 1401-1461, and Article 89 of the New York State Education Law, N.Y. Educ.Law §§ 4401-4409 (McKinney 1981 & Supp.1983).' The action is brought pursuant to 42 U.S.C. § 1983 and is founded upon claims that the revised rate setting procedure deprives plaintiffs…