University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name D.D. v. New York City Bd. of Educ. ED-NY-0015
Docket / Court 1:03-cv-02489 ( E.D.N.Y. )
State/Territory New York
Case Type(s) Education
Case Summary
On May 16, 2003, two developmentally delayed preschool students, through their parents, filed a lawsuit in the U.S. District Court for the Eastern District of New York. The action was filed under the civil rights act 42 U.S.C. § 1983, the Individuals with Disabilities Education Act ("IDEA"), the ... read more >
On May 16, 2003, two developmentally delayed preschool students, through their parents, filed a lawsuit in the U.S. District Court for the Eastern District of New York. The action was filed under the civil rights act 42 U.S.C. § 1983, the Individuals with Disabilities Education Act ("IDEA"), the Americans with Disabilities Act, and the Rehabilitation Act of 1973 against the New York City Board of Education. The plaintiff, represented by public interest attorneys asked the court for injunctive relief to provide the necessary education to the plaintiffs and also for compensatory relief for costs of remedial instruction necessitated by defendant's failure to provide the necessary education services to plaintiffs.

Specifically, the plaintiffs claimed that the school district had identified the plaintiffs as developmentally delayed and had created for them Individual Education Plans or "IEPs" which detailed the additional services to be provided to the plaintiffs by the school district. This procedure is in place to comply with the mandate in IDEA, which provides federal funding for special education to states who implement such plans. Plaintiff D.D. specifically was supposed to receive half day integrated classes with speech and occupational therapy as related services. The staffing ratio in the class was to be eight students to one teacher. The plan was to take effect on December 6, 2002, within two weeks of the IEP meeting. As of the date of the complaint, despite plaintiff's mother's repeated requests, D.D had not received any of the services listed in the IEP. Instead he was kept on a wait-list due to a lack of capacity by the school district.

After the initial complaint was filed, a third plaintiff was added with an amended complaint. This complaint was sealed, however, the new plaintiff brought the action individually and on behalf of those similarly situated. After this plaintiff was added, class certification was sought.

On March 30, 2007, the District Court (Judge David G. Trager) entered an order provding notice to the plaintiff class regarding an injunctive settlement. The settlement involved various steps the school district would take to expand special education programs at schools and training for staff.

On December 28, 2007, the first two plaintiffs reached a monetary settlement with the district. The case was terminated at that time.

Patrick Branson - 10/09/2014


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Issues and Causes of Action
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Issues
Content of Injunction
Remedial education
Defendant-type
Elementary/Secondary School
Disability
Mental impairment
General
Individualized planning
Special education
Wait lists
Medical/Mental Health
Intellectual/Developmental Disability
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
42 U.S.C. § 1983
Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Defendant(s) New York City Board of Education
New York Department of Education
Plaintiff Description Young children who are being denied special education services despite being classified as developmentally delayed and in need to special education services by the school district.
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 Preliminary injunction / Temp. restraining order
Damages
Source of Relief Settlement
Form of Settlement Voluntary Dismissal
Order Duration not on record
Case Closing Year 2011
Case Ongoing No
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-2489 (E.D.N.Y.) 12/28/2011
ED-NY-0015-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Stipulation and Order [Concerning Attorneys' Fees] 12/21/2001 (E.D.N.Y.)
ED-NY-0015-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Complaint/Demand for Jury Trial 05/15/2003
ED-NY-0015-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judgment [USCA Vacating District Court Judgment and Remanding Case] 09/12/2006
ED-NY-0015-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judgment [USCA Vacating District Court's Order Denying Plaintiffs' Motion for Preliminary Injunction] 10/12/2006 (465 F.3d 503)
ED-NY-0015-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation and order for notice to the plaintiff's class 03/30/2007
ED-NY-0015-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation and Order of Settlement and Disconintuance 12/21/2007 (E.D.N.Y.)
ED-NY-0015-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation and Order [Concerning Attorneys' Fees] 07/02/2008 (E.D.N.Y.)
ED-NY-0015-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Calabresi, Guido (Second Circuit)
ED-NY-0015-0002 | ED-NY-0015-0003
Hall, Peter W. (Second Circuit)
ED-NY-0015-0002 | ED-NY-0015-0003
Mann, Roanne L. (E.D.N.Y.) [Magistrate]
ED-NY-0015-0006 | ED-NY-0015-9000
Newman, Jon Ormond (Second Circuit, D. Conn.)
ED-NY-0015-0002 | ED-NY-0015-0003
Trager, David G. (E.D.N.Y.)
ED-NY-0015-0004 | ED-NY-0015-0005 | ED-NY-0015-0007 | ED-NY-0015-9000
Monitors/Masters None on record
Plaintiff's Lawyers Brinckerhoff, Matthew D. (New York)
ED-NY-0015-0001 | ED-NY-0015-9000
Hecker, Eric (New York)
ED-NY-0015-9000
Maazel, Ilann M. (New York)
ED-NY-0015-0001 | ED-NY-0015-0004 | ED-NY-0015-0005 | ED-NY-0015-0006 | ED-NY-0015-0007 | ED-NY-0015-9000
Morales, Alba R. (New York)
ED-NY-0015-9000
Wang, Mariann Meier (New York)
ED-NY-0015-9000
Defendant's Lawyers Banks, Steven L. (New York)
ED-NY-0015-0005 | ED-NY-0015-0006 | ED-NY-0015-9000
Bowe, Martin John (New York)
ED-NY-0015-0004 | ED-NY-0015-0005 | ED-NY-0015-0006 | ED-NY-0015-9000
Cardozo, Michael A. (New York)
ED-NY-0015-0004 | ED-NY-0015-0007
Goldberg, Jane R. (New York)
ED-NY-0015-9000
Other Lawyers None on record

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