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NEWS FLASH!

Child with Behavior Problems is Eligible for Special Education Services

On May 22, 1998, the U. S. Court of Appeals for the Second Circuit issued a decision in Muller v. East Islip Union Free School District.

In Muller, the district claimed that the child had a "conduct disorder" so was ineligible for special education.

The Court of Appeals for the Second Circuit upheld the District Court's decision that Treena Muller had an emotional disorder that made her eligible for services as a child with a disability. Because she is a child with a disability under the IDEA, Treena is entitled to a free appropriate education.

The court awarded Treena compensatory damages and attorney's fees.

Download Muller v. East Islip from the Caselaw section of the Law Library.


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