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County of Westchester v. State

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Argued: March 6, 2002

Plaintiffs-appellants the County of Westchester, the County of Sullivan, the New York State Association of Counties and Andrew Spano, the Westchester County Executive (collectively, the `Counties”) appeal from the judgment of the United States District Court for the Northern District of New York (Frederick J. Scullin, Jr., Chief Judge), dated March 26, 2001, dismissing in its entirety their complaint challenging aspects of New York State’s statutory program for special education services for preschool-aged children that allegedly violate the Individuals with Disabilities Education Act, 20 U.S.C. ch. 33. The district court dismissed their complaint based on its ruling that the IDEA does not provide the Counties with a private right of action to enforce the Act’s substantive provisions against the State or its agencies.

AFFIRMED.

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