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McMILLAN v. BOARD OF EDUCATION OF CITY OF NEW YORK

No. 69 Civ. 3229.

331 F.Supp. 302 (1971)

Larry McMILLAN, a minor under the age of 21 years, by his parents John and Virginia McMillan, et al., on behalf of each and on behalf of all others similarly situated, Plaintiffs, Mitchell Garlick, a minor under the age of 21 years, by his mother, Patricia Garlick, Intervenor-Plaintiff, v. The BOARD OF EDUCATION OF the CITY OF NEW YORK et al., Defendants.

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

September 1, 1971.

Attorney(s) appearing for the Case

Reginald Matthews, Queens Legal Services Corp., Jamaica, N. Y., for plaintiff Larry McMillan.

John DeWitt Gregory, Community Action for Legal Services, Inc., New York City, for plaintiff Larry McMillan.

Harold J. Rothwax, MFY Legal Services, Inc., New York City, for intervenor-plaintiff Mitchell Garlick; William Haley, Jamaica, N. Y., John C. Gray, Jr., Brooklyn, N. Y., of counsel.

Louis J. Lefkowitz, Atty. Gen. of the State of New York for defendant Nyquist; Mortimer Sattler, Asst. Atty. Gen., of counsel.

Before KAUFMAN, Circuit Judge, MANSFIELD, Circuit Judge (until June 8, 1971 a District Judge), and WYATT, District Judge.

WYATT, District Judge,

After a history of some length and complexity, this action comes down to an attack on the constitutionality of the $2000 limitation in Section 4407 of the New York Education Law, McKinney's Consol.Laws, c. 16. That section, enacted in 1957, is benevolent and progressive legislation. It authorizes the State Department of Education, under certain circumstances, to contract with private schools for the instruction of handicapped children. The Department...

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