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Cooke Center for Learning and Development v. Mills

Special education group loses bid for state funds to integrate disabled, general education students.

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Petitioner brings this proceeding pursuant to CPLR article 78 seeking to annul a determination by respondents Commissioner of Education and the New York State Education Department (hereinafter NYSED) which denied petitioner’s application pursuant to 8 NYCRR 200.7 for funding approval of its “partial inclusion” program for students with moderate to severe disabilities. Respondents oppose such relief. After oral argument on July 17, 2003 and based on all the submissions, the Court makes the following determination.

Petitioner, a not-for-profit corporation, provides educational services for children with moderate to severe developmental disabilities in the New York City area. As part of its educational curriculum, petitioner provides a partial inclusion program which integrates disabled students with general education students. Specifically, the program’s components include sending students from the general education program to the self-contained classroom of the disabled student, allowing the disabled student and a staff member to go to a general education classroom for journal writing time, allowing the disabled student to participate in weekly computer, music, or art class with general education students, and having the disabled student attend home-room and lunch with general education students (Verified Petition 8-9).

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