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Argued: January 10, 2002


The Board of Education of the Pawling Central School District (the “District”) appeals from a final judgment of the United States District Court for the Northern District of New York (David N. Hurd, District Judge), granting defendants’, (Steven and Yvonne Schutz (“the Schutzes”), the State Educational Department of the State of New York (“NYSED”), and State Review Officer (“SRO”) Frank Munoz (in his official capacity)) motion to dismiss the District’s complaint in its entirety. In its complaint, the District requests, inter alia, a declaratory judgment that SRO Munoz’s order directing it to pay the Schutzes prospectively for the cost of their child’s tuition violated the Individuals with Disabilities in Education Act (“IDEA”), 20 U.S.C. � 1400 et seq., the Fourteenth Amendment, and 42 U.S.C. � 1983. The district court held: (1) that the State defendants were entitled to sovereign immunity as to plaintiff’s 42 U.S.C. � 1983 claim, and, alternatively, a subdivision of the State could not sue the State for an alleged violation of due process; and (2) that plaintiff failed to state a claim for relief under the IDEA. We affirm.

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