that J.B. is capable of making academic progress without psychological and counseling services because there is no evidence to support such a finding. Consequently, at a minimum, J.B. should receive a psychiatric evaluation for diagnostic and evaluation purposes in order to determine the extent of the psychological and counseling services that he needs to benefit from special education. Based on this evaluation, a PPT must be convened to incorporate the psychiatrist’s recommendations into an appropriate special education program for J.B. This Court is sensitive to the warning that courts should avoid causing states to incur huge expenditures by requiring states to provide health care. See Detsel v. Board of Educ. of Auburn Enlarged City Sch. Dist., 637 F.Supp. 1022, 1027 (N.D.N.Y.1986) (<HOLDING>), aff'd, 820 F.2d 587 (2d Cir.), cert. denied,
holding that plaintiff who provided similar services which were arguably attendant care services under state law fell within the exemption holding that the medicaid statute as amended by the federal nursing home reform amendments did not create a private cause of action for nursing home residents against nursing homes holding that charging fees for medical services did not violate the eighth amendment where prisoner did not allege denial of medical care holding claim that negligent supervision caused assault was health care liability claim because it was inseparable from the health care and nursing services provided holding that constant inschool nursing care for a severely physically handicapped child falls within the medical services exclusion