Opinion
October 21, 1991
Appeal from the Supreme Court, Orange County (Peter C. Patsalos, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The petitioners in this case, the parents of a 12-year-old child suffering from Tourette syndrome, challenged the recommendation of the Committee on Special Education (hereinafter the CSE) of the Warwick Valley Central School District regarding the education of their son. The CSE recommended that their son, who had been temporarily placed approximately three months earlier in a "self contained" special education class, be transferred to the Orange-Ulster County BOCES school for the summer of 1991. CSE also stated that it would consider placing him at the BOCES school for the 1991-1992 academic year. The petitioners commenced this proceeding and sought, among other things, to compel the respondents, who are members of the Board of Education of the Warwick Vally Central School District, to place their son at a private residential school.
We agree with the trial court's determination that the petitioners were required to exhaust their administrative remedies (see, Education Law § 4404; 8 N.Y.CRR part 200). The petitioners did not demonstrate that pursuing administrative remedies would be futile or would cause irreparable injury to their son (see, Honig v. Doe, 484 U.S. 305; Matter of Behavior Research Inst. v. Ambach, 144 A.D.2d 872; Watergate II Apts. v Buffalo Sewer Auth., 46 N.Y.2d 52, 57). Thompson, J.P., Kunzeman, Miller and Copertino, JJ., concur.