M.O. v. N.Y.C. Dep’t of Educ.

Plaintiffs filed a reimbursement action for a unilateral private placement under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400 et seq., challenging the adequacy of the public school proposed by the school district for the placement of their child. The court found that the due process complaint’s challenges to the school were in fact substantive attacks on the child's individualized education plan (IEP) rather than prospective challenges to the school's capacity to provide the services mandated by the child's IEP. Therefore, the court agreed with the SRO and district court’s ultimate conclusions that the school district was not required to present evidence regarding the adequacy of the school at the impartial hearing, and the school district provided the child with a free appropriate education plan (FAPE). The court further clarified its decision in R.E. v. N.Y.C. Dep’t of Educ., which imposes no such requirement. Consequently, plaintiffs are not entitled to reimbursement for their unilateral placement of the child in private school for the 2012 school year. The court affirmed the judgment. View "M.O. v. N.Y.C. Dep't of Educ." on Justia Law