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Case Name L.V. v. Department of Education ED-NY-0014
Docket / Court 1:03-cv-09917 ( S.D.N.Y. )
State/Territory New York
Case Type(s) Education
Case Summary
On December 12, 2003, several New York City public school students with disabilities filed a lawsuit in United States District Court for the Southern District of New York. Plaintiffs filed under the Individuals with Disabilities Education Act ("IDEA"), the14th Amendment of the U.S. Constitution, 42 ... read more >
On December 12, 2003, several New York City public school students with disabilities filed a lawsuit in United States District Court for the Southern District of New York. Plaintiffs filed under the Individuals with Disabilities Education Act ("IDEA"), the14th Amendment of the U.S. Constitution, 42 U.S.C. § 1983, Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 ("Section 504"), and New York State Education Law §§ 4401. The acton was brought against the New York City Department of Education and the New York City School Board. The plaintiff, represented by private and public interest council asked the court for injunctive relief, claiming that the defendants violated IDEA by not adhering to the results of impartial hearings regarding the payment for services necessary for the plaintiffs' special education needs. On April 15, 2004, an amended complaint was filed to include a class action for those of a like situation with the plaintiffs.

In order to receive funding under IDEA, New York State law allows an aggrieved parent of a child with a disability to have an impartial hearing in respect to any matter relating to the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to such child. The plaintiffs in this case all were to receive compensation or funding for special education tuition or services as a result of one of these hearings. Despite these decisions, the defendant, who could have appealed the decision within 30 days and failed to do so, either did not compensate, or failed to fully compensate the plaintiffs.

On April 10, 2008, Judge Richard J. Howell approved a class settlement agreement between the parties. The settlement required the New York Department of Education to implement all impartial hearings within a given time frame, or 35 days if no time frame is given. Any order from a hearing that requires action must be implemented within seven days. Implementation of the orders is now reviewed by an independent auditor. If an order is not implemented in time, parents are notified in a letter which can be used to enforce the order.

Patrick Branson - 10/14/2014


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Issues and Causes of Action
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Issues
Defendant-type
Elementary/Secondary School
Disability
disability, unspecified
General
Special education
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action State law
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400
42 U.S.C. § 1983
Defendant(s) New York City Board of Education
New York City Department of Education
Plaintiff Description New York City public school students with disabilities who were to receive compensation or funding for their special education needs as a result of an impartial hearing.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 2012
Case Ongoing Unknown
Additional Resources
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Case Studies Courts and Kids: Pursuing Educational Equity Through the State Courts
By: Michael Rebell (Columbia University, and Campaign for Educational Equity)
Citation: (University of Chicago Press, 2009)
[ Detail ] [ External Link ]

Docket(s)
1:03-cv-9917 (S.D.N.Y.) 10/24/2012
ED-NY-0014-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 12/12/2003
ED-NY-0014-0001.pdf | Detail
Second Amended Complaint 04/15/2004
ED-NY-0014-0002.pdf | Detail
Memorandum Opinion and Order [Granting Class Certification] 09/15/2005 (2005 WL 2298173) (S.D.N.Y.)
ED-NY-0014-0003.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Preliminary Order for Notice and Hearing in Connection with Settlement Proceedings 12/27/2007 (S.D.N.Y.)
ED-NY-0014-0004.pdf | Detail
Order and Final Judgment 04/10/2008 (S.D.N.Y.)
ED-NY-0014-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order [Granting Plaintiff's Motion for Attorneys' Fees] 03/31/2010 (700 F.Supp.2d 510) (S.D.N.Y.)
ED-NY-0014-0007.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Granting Plaintiffs' Motion for Attorneys' Fees] 09/30/2012 (S.D.N.Y.)
ED-NY-0014-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Fox, Kevin N. (S.D.N.Y.) [Magistrate]
ED-NY-0014-9000
Holwell, Richard J. (S.D.N.Y.)
ED-NY-0014-0003 | ED-NY-0014-0004 | ED-NY-0014-0005 | ED-NY-0014-0007
Preska, Loretta A. (S.D.N.Y.)
ED-NY-0014-0008 | ED-NY-0014-9000
Monitors/Masters None on record
Plaintiff's Lawyers Dantowitz, Jeffrey S. (New York)
ED-NY-0014-9000
Fissell, Rachel Penski (California)
ED-NY-0014-9000
Genova, Joseph S. (New York)
ED-NY-0014-9000
Godsoe, Cynthia Margaret (New York)
ED-NY-0014-9000
Hyman, Elisa F. (New York)
ED-NY-0014-0001 | ED-NY-0014-0002 | ED-NY-0014-9000
Morehead, Shawn V. (New York)
ED-NY-0014-9000
Nagel, Jeffrey Lance (New York)
ED-NY-0014-9000
Patel, Sonal (New York)
ED-NY-0014-0001 | ED-NY-0014-0002 | ED-NY-0014-9000
Shore, Rebecca Caren (New York)
ED-NY-0014-9000
Waldman, Randee J. (New York)
ED-NY-0014-0002 | ED-NY-0014-9000
Defendant's Lawyers Sweet, Emily (New York)
ED-NY-0014-9000
Other Lawyers None on record

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