53 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,227 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,097 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
  3. Will v. Michigan Dept. of State Police

    491 U.S. 58 (1989)   Cited 24,178 times
    Holding that official capacity state officer suits for prospective injunctive relief are suits against a "person" under § 1983 even though a "State" is not a "person" under that statute
  4. Pennhurst State School Hosp. v. Halderman

    465 U.S. 89 (1984)   Cited 13,468 times   8 Legal Analyses
    Holding that sovereign immunity prohibits federal courts from "instruct[ing] state officials on how to conform their conduct to state law"
  5. Seminole Tribe of Fla. v. Florida

    517 U.S. 44 (1996)   Cited 5,087 times   23 Legal Analyses
    Holding that Congress cannot abrogate state-sovereign immunity under its Article I commerce power, and rejecting the result in Pennsylvania v. Union Gas Co. , 491 U.S. 1, 109 S.Ct. 2273, 105 L.Ed.2d 1, seven years later; the decision in Union Gas never garnered a majority
  6. Alexander v. Sandoval

    532 U.S. 275 (2001)   Cited 2,644 times   35 Legal Analyses
    Holding that it is "beyond dispute" that banning discrimination " ‘on the ground of race’ " "prohibits only intentional discrimination"
  7. Quern v. Jordan

    440 U.S. 332 (1979)   Cited 6,577 times
    Holding that § 1983 does not abrogate state sovereign immunity in federal court
  8. Morrison v. National Australia Bank Ltd.

    561 U.S. 247 (2010)   Cited 1,459 times   177 Legal Analyses
    Holding extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction
  9. Harris v. Mills

    572 F.3d 66 (2d Cir. 2009)   Cited 6,543 times
    Holding that notice and opportunity to be heard before deprivation of constitutionally protected interest coupled with Article 78 post-deprivation remedy satisfied due process
  10. Hendrick Hudson Dist. Bd. of Ed. v. Rowley

    458 U.S. 176 (1982)   Cited 3,080 times   10 Legal Analyses
    Holding that the Act establishes a substantive right to a FAPE for qualifying children
  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 487,542 times   692 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
  12. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 346,412 times   923 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  13. Section 1415 - Procedural safeguards

    20 U.S.C. § 1415   Cited 7,180 times   17 Legal Analyses
    Holding that "before the filing of a civil action . . . seeking relief that is also available under [the IDEA], the [IDEA's administrative] procedures . . . shall be exhausted"
  14. Section 1400 - Short title; findings; purposes

    20 U.S.C. § 1400   Cited 6,529 times   12 Legal Analyses
    Finding of Congress that "the education of children with disabilities can be made more effective by ... ensuring that families ... have meaningful opportunities to participate"
  15. Section 1412 - State eligibility

    20 U.S.C. § 1412   Cited 3,335 times   1 Legal Analyses
    Holding the SEA "responsible for ensuring that . . . the requirements of [the IDEA] are met" and "all educational programs . . . meet the educational standards of the [SEA]"
  16. Section 1401 - Definitions

    20 U.S.C. § 1401   Cited 2,875 times   2 Legal Analyses
    Defining such plans
  17. Section 1414 - Evaluations, eligibility determinations, individualized education programs, and educational placements

    20 U.S.C. § 1414   Cited 2,734 times   4 Legal Analyses
    Defining assessments as tools used during an evaluation or re-evaluation to ensure a child is evaluated in "all areas of suspected disability" and to determine "an appropriate educational program for the child."
  18. Section 4404 - Appeal procedures for children with disabilities

    N.Y. Educ. Law § 4404   Cited 447 times
    Requiring that appeals of SRO decisions must be filed in the federal district court within four months of their issuance
  19. Section 4402 - Duties of school districts

    N.Y. Educ. Law § 4402   Cited 274 times
    Stating that the DOE is not required to fund such educational services for a person after the age of twenty-one or the receipt of a high school diploma
  20. Section 1413 - Local educational agency eligibility

    20 U.S.C. § 1413   Cited 266 times
    Providing detailed requirements for school districts to receive funding under the Individuals with Disabilities Education Act
  21. Section 300.507 - Filing a due process complaint

    34 C.F.R. § 300.507   Cited 174 times
    Outlining the due process complaint procedures
  22. Section 200.4 - Procedures for referral, evaluation, individualized education program (IEP) development, placement and review

    N.Y. Comp. Codes R. & Regs. tit. 8 § 200.4   Cited 145 times
    Requiring that IEPs be “reviewed and, if appropriate, revised, periodically but not less than annually”
  23. Section 200.6 - Continuum of services

    N.Y. Comp. Codes R. & Regs. tit. 8 § 200.6   Cited 110 times
    Describing eligibility for “12–month special services and/or programs”
  24. Section 200.5 - Due process procedures

    N.Y. Comp. Codes R. & Regs. tit. 8 § 200.5   Cited 109 times
    Enabling a parent or school district to "initiate a hearing on matters relating to the identification, evaluation or educational placement of a student with a disability, or the provision of a free appropriate public education to a child."
  25. Section 300.323 - When IEPs must be in effect

    34 C.F.R. § 300.323   Cited 107 times   2 Legal Analyses
    Requiring education "in accordance with" the IEP
  26. Section 200.1 - Definitions

    N.Y. Comp. Codes R. & Regs. tit. 8 § 200.1   Cited 85 times

    As used in this Part: (a) Adaptive behavior means the effectiveness with which the individual copes with the natural and social demands of his environment. (b) Adapted physical education means a specially designed program of developmental activities, games, sports and rhythms suited to the interests, capacities and limitations of students with disabilities who may not safely or successfully engage in unrestricted participation in the activities of the regular physical education program. (c) Annual

  27. Section 300.508 - Due process complaint

    34 C.F.R. § 300.508   Cited 55 times
    Stating that "Within five days of receipt of notification . . . the hearing officer must make a determination"