University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Ray M. v. Board of Education ED-NY-0007
Docket / Court 1:94-cv-01103-EHN-JLC ( E.D.N.Y. )
State/Territory New York
Case Type(s) Education
Case Summary
This class action suit was brought on March 11, 1994 in U.S. District Court for the Eastern District of New York by parents of preschool children with disabilities against Board of Education of the City School District of the City of New York. The plaintiffs sued under the Individuals with ... read more >
This class action suit was brought on March 11, 1994 in U.S. District Court for the Eastern District of New York by parents of preschool children with disabilities against Board of Education of the City School District of the City of New York. The plaintiffs sued under the Individuals with Disabilities Education Act and 42 U.S.C. § 1983, alleging that these children were denied their rights to appropriate educational services under state and federal law.

Specifically, the plaintiffs alleged that preschoolers with disabilities were wrongfully denied timely referrals and evaluations to special education and were automatically being placed in the most restrictive classroom settings, which violated state and federal law. The plaintiffs also alleged that disabled preschool students with limited English proficiency were denied timely special education evaluations in the appropriate language and were being placed in inappropriately restrictive classroom settings.

Throughout the pre-trial discovery process, the parties met several times for settlement negotiations. Eventually, on September 10, 1998, the parties notified the court they would submit a proposed order of settlement to include an order preliminary approving the settlement together with the notice to be provided to the class.

The parties' proposed order of settlement was approved on January 28, 1999. The settlement document is not in this Clearinghouse, however, the order of settlement includes references to the defendant implementing integrated placement options; training; collecting data; and monitoring compliance.


On September 25, 2003, the Court ordered that the total attorneys' fees and costs payable to plaintiffs' counsel was $60,000, including all outstanding attorneys' fees, costs, and disbursements incurred by the plaintiffs' counsel.

This case is now closed.

Ginny Lee - 03/11/2017


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Issues and Causes of Action
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Issues
Constitutional Clause
Equal Protection
Content of Injunction
Discrimination Prohibition
Implement complaint/dispute resolution process
Monitoring
Reporting
Training
Defendant-type
Elementary/Secondary School
Disability
disability, unspecified
Discrimination-basis
Language discrimination
General
Classification / placement
Communication skills
Confinement/isolation
Language/ethnic/minority needs
Special education
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400
Defendant(s) Board of Education
New York State Education Department
Plaintiff Description New York City parents of preschool children with disabilities, who alleged that these children were denied their rights to appropriate educational services under state and federal law.
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Declaratory Judgment
Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration 1999 - n/a
Case Closing Year 2003
Case Ongoing No
Docket(s)
1:94-cv-01103-EHN-JLC (E.D.N.Y.)
ED-NY-0007-9000.pdf | Detail
Date: 09/25/2003
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
ED-NY-0007-0001.pdf | External Link | Detail
Date: 03/11/1994
Order Preliminary Approving Settlement (E.D.N.Y.)
ED-NY-0007-0002.pdf | External Link | Detail
Date: 01/07/1999
Judges Caden, John L. (E.D.N.Y.) [Magistrate]
ED-NY-0007-0002 | ED-NY-0007-9000
Nickerson, Eugene Hoffman (E.D.N.Y.)
ED-NY-0007-9000
Plaintiff's Lawyers Holmes, Ellen Gallagher (New York)
ED-NY-0007-9000
Kolb, Daniel F. (Utah)
ED-NY-0007-0001 | ED-NY-0007-9000
Maldonado, Roger J. (New York)
ED-NY-0007-0001 | ED-NY-0007-9000
Defendant's Lawyers Bell, Robert A. (New York)
ED-NY-0007-9000
Colucci, Clement J. (New York)
ED-NY-0007-9000
Rappaport, Stephen Jay (New York)
ED-NY-0007-9000

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