Opinion
January 14, 1971
Appeal from the Monroe Trial Term.
Present — Goldman, P.J., Marsh, Witmer, Moule and Henry, JJ.
Judgment unanimously modified in accordance with the Memorandum herein, and as so modified affirmed, without costs. Memorandum: Special Term correctly decided that the speech correction program offered by appellant is a health and welfare service within the meaning of section 912 Educ. of the Education Law which should be provided to petitioner who is a resident of the school district attending a nonpublic parochial school. Such service may properly be granted to petitioner, however, only to the extent that it is made available to children in the public schools. Children are tested and those with speech defects are placed on a waiting list. Sometimes difficulties are encountered in scheduling them for corrective work. They are grouped according to the nature of their problem, age and maturation level. Groups are composed of three to five children. Those on the waiting list are taken into the course as soon as possible. The last decretal paragraph of the judgment should be modified to read as follows: "ORDERED, that the petitioners have judgment directing the Board of Education of Central School District No. 1 of the Town of Greece, Monroe County, New York, and its agents and employees to provide speech therapy to petitioner Michael Cornelia on the same basis, in the same manner and to the same extent as it now provides or hereafter may provide for students in its own schools."