M.W. v. New York City Dep’t of Educ.

Plaintiffs filed a due-process complaint against the DOE seeking tuition reimbursement after plaintiffs enrolled their autistic child in a private school because the DOE failed to provide the child with a free and appropriate public education under the Individuals with Disabilities Education Improvement Act (IDEA), 20 U.S.C. 1400 et seq. The court affirmed the state review officer's determination that the hearing record did not support the impartial hearing officer's determination that the lack of a functional behavior assessment (FBA) rose to the level of denying the child a free and appropriate public education (FAPE) where the individualized education program (IEP) addressed behavioral needs. Further, the IEP's failure to include parental counseling did not deny the child a FAPE; the SRO did not rely upon impermissible retrospection and the court deferred to her analysis; and the court found plaintiffs' remaining arguments to be without merit. Accordingly, the court affirmed the grant of summary judgment in favor of defendants. View "M.W. v. New York City Dep't of Educ." on Justia Law