United States Second Circuit

Order for defendants to reimburse plaintiffs for tuition and attorney fees, in action seeking reimbursement from defendant school district for private school tuition after defendant failed to offer plaintiffs' learning disabled child a free appropriate public education, is affirmed over claim that the district court erred as, under the IDEA, the child's enrollment in private school was not appropriate and because the IDEA permits reimbursement only where a child has previously received special education and related services.

Appellate Information

• Decided 07/27/2006
• Published 07/27/2006

Judges

• KORMAN, District Judge., Before POOLER, SOTOMAYOR, Circuit Judges, and KORMAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Mark I. Reisman, P.C., Ossining, NY, for plaintiffs-appellees., James P. Drohan, Donoghue, Thomas, Auslander & Drohan, (Daniel Petigrow, on the brief), Hopewell Junction, NY, for defendant-appellant.