Legal Opinion
D.M. v. Board of Education, Center Moriches Union Free School District
District Court, E.D. New York
Decided December 17, 2003No. CV 03-0826PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
WEXLER, District Judge.
This is an action for an award of attorneys fees pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. § 1415 (the “IDEA”), the Rehabilitation Act, 29 U.S.C. § 794 and 42 U.S.C. § 1988. Plaintiffs seek fees pursuant to the functionally equivalent provisions in these statutes that authorize an award of attorneys fees to prevailing parties. See 20 U.S.C. § 1415(i)(3)(B) (IDEA provision authorizing an award of fees to “the parents of a child with a disability who is the prevailing party” in connection with any action or proceeding…
2Cases cited10 opinions
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
- Board of Education of the Hendrick Hudson Central School District v. Rowley Ex Rel. RowleySupreme Court of the United States · 1982
- Texas State Teachers Ass'n v. Garland Independent School DistrictSupreme Court of the United States · 1989
- T.D. v. Lagrange School District No. 102Court of Appeals for the Seventh Circuit · 2003
- G.M., by and Through His Guardian and Next Friend, R.F. v. New Britain Board of EducationCourt of Appeals for the Second Circuit · 1999
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- E.S. Ex Rel. B.S. v. Katonah-Lewisboro School DistrictDistrict Court, S.D. New York · 2011
- B.W. Ex Rel. K.S. v. New York City Department of EducationDistrict Court, S.D. New York · 2010
- Clifford Olshaker, individually and on behalf of his child, S.O., a minor v. New York City Department of EducationDistrict Court, E.D. New York · 2025
- DM Ex Rel. GM v. BOARD OF EDUC., CTR. MORICHESDistrict Court, E.D. New York · 2003
- Diaz v. Aviles-RamosDistrict Court, S.D. New York · 2025