A.A. EX REL. J.A. v. PHILIPS

Docket No. 03-7536.

386 F.3d 455 (2004)

A.A., a minor under the age of 21 years, by his parents J.A. and Franklin Alvarez, Plaintiffs-Appellants, K.B., a minor under the age of 21 years, by the parent S.B.; R.B., a minor under the age of 21 years, by the parent S.B.; E.D.B., a minor under the age of 21 years, by his parent, E.B.; J.C., a minor under the age of 21 years, by the parent, G.F.; J.F., a minor under the age of 21 years, by the parent, G.F.; D.C., a minor under the age of 21 years, by her parent, Sandra C.; S.C., a minor under the age of 21 years, by his parent, G.W.; D.J., a minor under the age of 21 years, by her parent, S.J.; J.L., a minor under the age of 21 years, by his parent, A.L.; K.M., a minor under the age of 21 years, by his parent, C.C.; K.P., a minor under the age of 21 years, by his parent, L.P.; J.S., a minor under the age of 21 years, by his parent, C.D.; T.S., a minor under the age of 21 years, by his parent, C.D.; M.S., a minor under the age of 21 years, by the parent Tina S.; S.S., a minor under the age of 21 years, by the parent, Tina S.; T.C.S., a minor under the age of 21 years, by his parent Tina S.; V.S., a minor under the age of 21 years, by the parent Tina S.; D.S., a minor under the age of 21 years, by his parent R.S.; J.W., a minor under the age of 21 years, by his parent M.W., individually and on behalf of themselves and all other persons similarly situated; J.A.; S.B., as parent of K.B. and R.B.; E.B., as parent of E.D.B.; G.F., as parent of J.C. and J.F.; Sandra C., as parent of D.C.; G.W., as parent of S.C.; S.J., as parent of D.J.; A.L., as parent of J.L.; C.C., as parent of K.M.; L.P., as parent of K.P.; C.D., as parent of J.S.; Tina S., as parent of S.S., M.S., T.C.S. and V.S.; R.S., as parent of D.S.; M.W., as parent of J.W., and as residents and taxpayers of Central Islip U.F.S.D., and all other persons similarly situated and Long Island Advocacy, Inc., Plaintiffs, v. Fred PHILIPS, as member of the Board of Education, Central Islip U.F.S.D. and individually; Sandra Townsend, as member of the Board of Education, Central Islip U.F.S.D. and individually; Helen Brannon, as member of the Board of Education, Central Islip U.F.S.D. and individually; Howard Koenig, as Superintendent of Schools of the Central Islip U.F.S.D. and individually; Manuel J. Ramos, as Assistant Superintendent of Schools of the Central Islip U.F.S.D. and individually; Jerry L. Jackson, as Assistant to the Superintendent of Schools of Central Islip U.F.S.D. and individually; New York State Education Department; Richard P. Mills, Commissioner of Education of the State of New York; George E. Pataki, Governor of the State of New York and Board of Education, Central Islip U.F.S.D., Defendants-Appellees, New York Lawyers for the Public Interest, Inc., Amicus Curiae.

United States Court of Appeals, Second Circuit.

Decided: October 19, 2004.


Attorney(s) appearing for the Case

Lewis M. Wasserman, Wasserman Steen LLP, (Pamela L. Steen, on the brief), Patchogue, New York, for Plaintiffs-Appellants.

Melanie L. Oxhorn, Assistant Solicitor General of the State of New York, (Eliot Spitzer, Attorney General, Michael S. Belohlavek, Deputy Solicitor General), New York, New York, for Defendants-Appellees.

Before: POOLER, SOTOMAYOR, and WESLEY, Circuit Judges.


WESLEY, Circuit Judge.

This action was commenced in October 1996 on behalf of a group of disabled students in the Central Islip Union Free School District ("the district") alleging claims under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. ch.33, Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, 42 U.S.C. § 1983, and state law. Plaintiffs alleged that defendants failed to monitor...

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