Reyes v. NYC Dept. of Educ., No. 13-158 (2d Cir. 2014)Annotate this Case
Plaintiff enrolled her son at a private school after she decided that the individualized education program (IEP) proposed by the DOE for the 2010-2011 school year failed to provide her son with a free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400 et seq. Plaintiff filed suit seeking tuition reimbursement, the IHO granted her relief, but the SRO reversed the decision, and the district court affirmed. The court deferred to the IHO's well-reasoned determination that the son required the services of a 1:1 paraprofessional for longer than the transitional three-month period afforded him by his IEP. Because the DOE failed to offer him a FAPE, the court reversed and remanded to the district court to consider the appropriateness of plaintiff's private placement and the balance of the equities.