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Case Name E.B. v. Department of Education DR-NY-0013
Docket / Court 1:02-cv-05118 ( E.D.N.Y. )
State/Territory New York
Case Type(s) Disability Rights-Pub. Accom.
Education
Case Summary
On September 20, 2002, four New York residents who had attended New York City public schools filed this putative class action complaint against the New York City Board of Education, the New York City Department of Education, and the New York City School District. A third and final amended complaint ... read more >
On September 20, 2002, four New York residents who had attended New York City public schools filed this putative class action complaint against the New York City Board of Education, the New York City Department of Education, and the New York City School District. A third and final amended complaint with six additional plaintiffs was filed on July 15, 2003. Plaintiffs sought declaratory and injunctive relief under 42 U.S.C. § 1983, the Fourteenth Amendment, the Individuals With Disabilities Education Act (IDEA) 20 U.S.C. § 1400, the Americans with Disabilities Act (ADA), 42 ("ADA") U.S.C. § 12132, and Section 504 of the Rehabilitation Act. Plaintiffs alleged that children with disabilities were being excluded from New York public schools and denied educational services to which they were entitled without due process. The case was assigned to Judge Charles P. Sifton.

The plaintiffs sought injunctive, declaratory, and other relief, alleging numerous incidents of students with disabilities being removed from schools and deprived of educational opportunities. The complaint further alleged a general lack of oversight in the New York City school system and argued that, because the problems in the school system were systemic, it was not necessary that they show exhaustion of administrative remedies in each individual case in order for the court to have subject matter jurisdiction over the claim as would normally be required.

On July 25, 2003, defendants filed a motion to dismiss for lack of subject matter jurisdiction. The motion argued that plaintiffs either had not exhausted administrative remedies, as required by the IDEA, or that the claims of those plaintiffs who had properly sought relief through the administrative process had been rendered moot. Defendants further argued that because of the varying factual backgrounds of individual cases, solutions to problems must be sought on a case-by-case basis. In support of this, defendants argued that plaintiffs’ claims were exactly the sort that should be addressed through the administrative process, and further noted that, at the time the motion was filed, six of the ten named plaintiffs had resolved their claims by way of the administrative process.

On January 29, 2004, the court denied the defendants’ motion to dismiss. Citing precedent from the Second Circuit, the judge noted that the requirement in IDEA that parties exhaust administrative options prior to litigation had exceptions. Several plaintiffs claimed lack of appropriate notice in their being denied services. In keeping with precedent that held that lack of notice of procedural rights waived the exhaustion requirement, the judge exempted plaintiffs from the requirement.

On August 18, 2004 the judge granted plaintiffs’ motion to certify a class of “disabled New York City children age three through twenty-one who have been, will be, or are at risk of being excluded from school without adequate notice and deprived of a free and appropriate education through suspensions, expulsions, transfers, discharges, removals and denials of access.”

On July 24, 2015 the judge issued a stipulation approving a settlement agreement between the parties. 2015 WL 13707092. The settlement stipulation primarily covered suspensions and removals, transfers, and discharges. It also allowed for the plaintiffs to monitor compliance.

In the case of suspensions, the settlement required that suspensions of more than six days be given only upon approval from Department of Education’s Office of Safety and Youth Development or the Superintendent for the district. The settlement further allowed students to remain in school pending suspension hearings in some cases and required that plaintiffs' counsel be provided with data on suspensions every semester over the course of the stipulation period.

The settlement also called for “Manifestation Determination Reviews” for students receiving a high volume of suspensions in order to monitor whether students were receiving suspensions for conduct that was “caused by, or had a direct relationship to” the student’s disability. If it was determined that the student was suspended for conduct directly related to a disability, the school would not be allowed to suspend the student. The Department of Education was also required to institute special reviews and programs for tracking and helping students who received a certain number of suspensions. Students who received suspensions for a full year were provided with alternative instruction. Additional provisions of the settlement placed substantial restrictions on when students could be moved between schools and transferred to GED programs.

The settlement covered the first six full academic semesters beginning with the Fall Semester of the 2015-16 academic year. Plaintiffs also obtained counsel fees “as though they are prevailing parties” and the rights to monitor defendants to ensure their compliance with the terms of the settlement. The trial court retained exclusive jurisdiction to consider all further matters arising out of or connected with the settlement.

The settlement expired in October 2018.

Jesse Schupack - 10/21/2018


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Content of Injunction
Discrimination Prohibition
Monitoring
Reasonable Accommodation
Reporting
Defendant-type
Elementary/Secondary School
Disability
disability, unspecified
Discrimination-area
Accommodation / Leave
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Education
Juveniles
Reasonable Accommodations
School/University policies
Special education
Medical/Mental Health
Intellectual/Developmental Disability
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
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 City Department of Education
Plaintiff Description Disabled New York City children age three through twenty-one who have been, will be, or are at risk of being excluded from school without adequate notice and deprived of a free and appropriate education through suspensions, expulsions, transfers, discharges, removals and denials of access
Class action status sought Yes
Class action status granted Yes
Filed Pro Se No
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 2015 - 2018
Filing Year 2002
Case Closing Year 2018
Case Ongoing No
Docket(s)
1:02−cv−05118−ENV−MDG (E.D.N.Y.)
DR-NY-0013-9000.pdf | Detail
Date: 10/18/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint for Injunctive, Declaratory and Other Relief [ECF# 1]
DR-NY-0013-0001.pdf | Detail
Date: 09/20/2002
Source: PACER [Public Access to Court Electronic Records]
Third Amended Class Action Complaint for Injunctive, Declaratory and Other Relief [ECF# 17]
DR-NY-0013-0002.pdf | Detail
Date: 07/15/2003
Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order [ECF# 49] (E.D.N.Y.)
DR-NY-0013-0003.pdf | Detail
Date: 01/29/2004
Source: PACER [Public Access to Court Electronic Records]
Corrected Memorandum and Order [ECF# 70] (E.D.N.Y.)
DR-NY-0013-0004.pdf | Detail
Date: 08/18/2004
Source: PACER [Public Access to Court Electronic Records]
Memorandum & Order Preliminarily Approving the Proposed Settlement and Approving Plaintiffs' Notice of Class Action Settlement and Fairness Hearing [ECF# 222] (2015 WL 13707091) (E.D.N.Y.)
DR-NY-0013-0005.pdf | WESTLAW | Detail
Date: 05/19/2015
Source: PACER [Public Access to Court Electronic Records]
Memorandum & Order Approving Settlement and Entering Final Judgment [ECF# 228] (2015 WL 13707092) (E.D.N.Y.)
DR-NY-0013-0006.pdf | WESTLAW | Detail
Date: 07/24/2015
Source: PACER [Public Access to Court Electronic Records]
Judgment [ECF# 229] (E.D.N.Y.)
DR-NY-0013-0007.pdf | Detail
Date: 07/24/2015
Source: PACER [Public Access to Court Electronic Records]
Stipulation and Proposed Order [ECF# 235] (E.D.N.Y.)
DR-NY-0013-0008.pdf | Detail
Date: 10/18/2018
Source: PACER [Public Access to Court Electronic Records]
Judges Go, Marilyn D. (E.D.N.Y.) [Magistrate]
DR-NY-0013-9000
Sifton, Charles Proctor (E.D.N.Y.)
DR-NY-0013-0003 | DR-NY-0013-0004
Vitaliano, Eric Nicholas (E.D.N.Y.)
DR-NY-0013-0005 | DR-NY-0013-0006 | DR-NY-0013-0008 | DR-NY-0013-9000
Plaintiff's Lawyers Bloch, David J. (New York)
DR-NY-0013-9000
Dufresne, Bernard (New York)
DR-NY-0013-9000
Hechtman, Sarah (New York)
DR-NY-0013-9000
Hyman, Elisa F. (New York)
DR-NY-0013-0001 | DR-NY-0013-0002 | DR-NY-0013-9000
Kagle, Sarah M. (New York)
DR-NY-0013-9000
Katz, Sharon (New York)
DR-NY-0013-0008 | DR-NY-0013-9000
Morehead, Shawn V. (New York)
DR-NY-0013-9000
Scheinkman, Michael Stuart (New York)
DR-NY-0013-9000
Shore, Rebecca Caren (New York)
DR-NY-0013-0008 | DR-NY-0013-9000
Stewart, Matthew S. (New York)
DR-NY-0013-9000
Stier, David Aaron (New York)
DR-NY-0013-9000
Stone, Alexis Gene (New York)
DR-NY-0013-9000
Waldman, Randee J. (New York)
DR-NY-0013-0002
Defendant's Lawyers Birnbaum, Janice L. (New York)
DR-NY-0013-9000
Brooks, Chevon (New York)
DR-NY-0013-9000
Foley, Eamonn Francis (New York)
DR-NY-0013-9000
Grumet, Lisa Fleming (New York)
DR-NY-0013-9000
Rauchberg, Andrew James (New York)
DR-NY-0013-0008 | DR-NY-0013-9000
Wolpert, Carolyn Michelle (New York)
DR-NY-0013-9000

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