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Friday, January 30, 2009

BOCES is not immune to suit

Gorton v. Gettel: This is a 2nd Circuit case decided January 28, 2009. It is not a special education case, but is of interest in its analysis of whether BOCES is a state or local agency and whether it is immune to suit. The Court held that “BOCES is not an arm of New
York State entitled to Eleventh Amendment immunity.”