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 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, Muller is entitled to a free
appropriate education.
The court awarded Muller compensatory damages and attorney's fees.
Download
Muller
v. East Islip from the Caselaw
section of the Law Library.