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DL et al v. District of Columbia et al

REPLY to opposition to motion re Section 504 claim

12 Cited authorities

  1. Henrietta D. v. Bloomberg

    Nos. 02-7022 (L), 02-7074 (CON) (2d Cir. Jun. 9, 2003)   Cited 803 times
    Holding that states incurred liability under the Rehabilitation Act for localities’ violations because the states’ acceptance of federal funds had reflected a promise to ensure statutory compliance

  2. Eubanks v. Billington

    110 F.3d 87 (D.C. Cir. 1997)   Cited 116 times
    Holding that the language of Rule 23 is sufficiently flexible to afford the district court discretion to grant opt-out rights in Rule (b) and (b) class actions

  3. Gabel v. Bd. of Educ. of Hyde Park Cent. Sch. Dist

    368 F. Supp. 2d 313 (S.D.N.Y. 2005)   Cited 79 times
    Holding that "[a d]istrict's recommendation of an 8:1:1 program for [a student] after CSE had recommended a 12:1:1 program may in itself constitute the type of gross negligence or reckless indifference Section 504 is meant to address"

  4. R.B. ex Rel. L.B. v. Board of Educ. of City

    99 F. Supp. 2d 411 (S.D.N.Y. 2000)   Cited 60 times
    Holding that the "[p]laintiff was not required to appeal the hearing officer's decision" because she "prevailed at the impartial hearing" and received the relief requested, even though the defendant argued that "she did not entirely agree with the decision of the hearing officer"

  5. Rothschild v. Grottenthaler

    907 F.2d 286 (2d Cir. 1990)   Cited 71 times
    Holding that the Rehabilitation Act required public school district to provide sign language interpreters to student's deaf parents

  6. Dopico v. Goldschmidt

    687 F.2d 644 (2d Cir. 1982)   Cited 88 times
    Holding "fundamental documents" were "conspicuously absent" such that it was "inconceivable that such fundamental documents . . . would not be part of the record."

  7. Butler v. South Glens Falls Cent. School Dist.

    106 F. Supp. 2d 414 (N.D.N.Y. 2000)   Cited 25 times
    Holding that relief available under the IDEA "does not include compensatory or punitive damages"

  8. D.D. v. New York City Board of Education

    Civil Action No. CV-03-2489 (DGT) (E.D.N.Y. Mar. 30, 2004)   Cited 13 times
    Certifying the class where plaintiffs alleged that defendants failed to provide services listed on their IEPs in a timely manner in violation of the IDEA, ADA, and 42 U.S.C. §§ 1983 and 1988

  9. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,084 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  10. Section 794 - Nondiscrimination under Federal grants and programs

    29 U.S.C. § 794   Cited 12,607 times   30 Legal Analyses
    Adopting ADA standards for Rehabilitation Act claims

  11. Section 4410 - Special education services and programs for preschool children with disabilities

    N.Y. Educ. Law § 4410   Cited 33 times
    Noting that the recommendation committee shall be composed of at least the parents and several other individuals

  12. Section 38-202 - Establishment of school attendance requirements

    D.C. Code § 38-202   Cited 1 times

    (a) Every parent, guardian, or other person, who resides permanently or temporarily in the District during any school year and who has custody or control of a minor who has reached the age of 5 years or will become 5 years of age on or before September 30th of the current school year shall place the minor in regular attendance in an educational institution during the period of each year when the public schools of the District are in session. This obligation of the parent, guardian, or other person