Board of Education of the Wappingers Central School District v. M.N. et al, No. 1:2016cv09448 - Document 29 (S.D.N.Y. 2017)

Court Description: OPINION re: 16 MOTION for Summary Judgment 20 FIRST MOTION for Summary Judgment and in Opposition to Plaintiff's Motion: In this case arising under the Individuals with Disabilities in Education Act ("IDEA"), 20 U. S.C. §§ 1400 et seq. (2012), plaintiff and defendants have both moved for summary judgment. The instant action was filed in response to a decision by a State Review Officer ("SRO") issued on September 7, 2016. See SRO Decision. Pl aintiff moves for summary judgment asking this court to reverse the SRO's decision that plaintiff failed to provide the defendant child, J.N., with a free and appropriate education ("FAPE") as required by the IDEA, and that it was requ ired to reimburse defendants for tuition for the 2014-2015 and 2015-2016 school years. Defendants have filed a cross-motion for summary judgment requesting that this court affirm the SRO decision. For the reasons given above, the court affirms the SR O decision on all but one issue, and finds that defendants should be reimbursed for J.N.'s school tuition for both the 2014-2015 and the 2015-2016 school years. The court finds that the SRO was correct (1) in concluding that plaintiff violated its Child Find obligations after December 2014; (2) in finding that defendants are entitled to reimbursement for tuition for the 2014-2015 school year, as Spring Ridge was an appropriate placement and the equities are in their favor; and (3) in deter mining that defendants are entitled to reimbursement for tuition for the 2015-2016 school year, as the IEP was inadequate, denying J.N. of FAPE, Spring Ridge was an appropriate placement, and equities are in defendants' favor. This opinion resolves the pending motions numbered 16 and 20 on the Docket, and the Clerk of Court is respectfully requested to close this case. (Signed by Judge Thomas P. Griesa on 10/13/2017) (jwh)