RAY M. BY JUANA D. v. BOARD OF EDUC.

No. CV 94-1103.

884 F.Supp. 696 (1995)

RAY M., a minor under the age 21 years by his mother JUANA D.; Jackey S., a minor under the age 21 years, by his mother Yin Jiang S.; Miguel F., a minor under the age 21 years, by his mother Anatalia F.; Jose P., a minor under the age 21 years, by his mother Evelyn Q.; Katie B., a minor under the age 21 years, by her mother Carrie B.; Angel C., a minor under the age 21 years, by his mother Margarita V.; and Benjamin L., a minor under the age of 21 years, by his mother Angela L.; individually and on behalf of themselves and all other persons similarly situated, Plaintiffs, v. BOARD OF EDUCATION OF the CITY SCHOOL DISTRICT OF the CITY OF NEW YORK; Ramon Cortines, Chancellor of the Board of Education of the City School District of the City of New York; Howard S. Tames, Executive Director of the Division of Special Education of the Board of Education of the City School District of the City of New York; New York State Education Department; Thomas Sobol, Commissioner of Education of the State of New York; New York City Transportation Department; and Mario M. Cuomo, Governor of the State of New York, Defendants.

United States District Court, E.D. New York.

April 24, 1995.


Attorney(s) appearing for the Case

Davis Polk & Wardwell (Daniel F. Kolb, Sharon Katz, of counsel), Puerto Rican Legal Defense and Educ. Fund (Juan A. Figueroa, Kenneth Kimerling, of counsel), New York City, Advocates for Children of New York, Inc. (Ellen Gallagher Holmes, of counsel), Long Island City, Teitelbaum, Hiller, Rodman, Paden & Hibsher, P.C. (Roger J. Maldonado, of counsel), New York City, for plaintiffs.

Paul A. Crotty, Corp. Counsel of City of New York (Steven J. Rappaport, Robert Bell, of counsel), New York City, for defendants Bd. of Educ. of City School Dist. of City of New York, Ramon Cortines, Howard S. Tames, and New York City Transp. Dept.

Dennis Vacco, Atty. Gen. (Clement J. Colucci, of counsel), New York State Dept. of Law, New York City, for defendants New York State Educ. Dept., Thomas Sobol, and Mario M. Cuomo.


MEMORANDUM AND ORDER

NICKERSON, District Judge:

This case involves disabled preschool children residing in New York City who claim that they have not received an appropriate education as required by federal and state law.

The Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400-1485 (the Act), mandates that states receiving federal aid develop a plan to provide a free appropriate special

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