
    BOARD OF EDUCATION OF CITY SCHOOL DISTRICT OF CITY OF NEW YORK v. TOM F., on behalf OF GILBERT F., A MINOR CHILD
    CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
    No. 06-637. Argued October 1, 2007
    Decided October 10, 2007
    
      Leonard, J. Koerner argued the cause for petitioner. With him on the briefs were Michael A. Cardozo, Edward F. X. Hart, and Drake A. Colley.
    
    
      Paul G. Gardephe argued the cause for respondent. With him on the brief were Carrie A. Syme and Alexis Gander Deise.
    
    
      Deputy Solicitor General Garre argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Clement, Assistant Attorney General Kim, Jonathan L. Marcus, Diana K. Flynn, Lisa J. Stark, and Kent D. Talbert
      
    
    
      
      Briefs of amici curiae urging reversal were filed for the Council of the Great City Schools et al. by Julie Wright Halbert and Pammela Quinn; for the National School Boards Association et al. by Maree F. Sneed, John W. Borkowski, Audrey J. Anderson, Catherine E. Stetson, Jessica L. Ells-
        
        worth, Francisco M. Negrón, Jr., and Naomi Gittins; for the New York State School Boards Association by Jay Worona and Pilar Sokol; and for the U. S. Conference of Mayors et al. by Richard Ruda and Donald B. Ayer.
      
      Briefs of amici curiae urging affirmance were filed for Agudath Israel of America by David Zwiebel; for Autism Speaks by Robert H. Pees and Gary S. Mayerson; for the Council of Parent Attorneys and Advocates et al. by Ankur J. Goel; for the International Dyslexia Association, Inc., et al. by Paul M. Smith; and for the National Disability Rights Network et al. by Beth S. Brinkmann, Seth M. Galanter, and Linda A. Arnsbarger.
      
    
   Per Curiam.

The judgment is affirmed by an equally divided Court.

Justice Kennedy took no part in the decision of this case.  