United States Second Circuit

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M.H. and E.K. v. New York City Dept. of Education, 10-2181

In a consolidated action by parents of disabled children who challenged the procedural and substantive adequacy of the Individualized Education Plans that the defendant, New York City Department of Education, had developed for the plaintiffs' children pursuant to the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. section 1400 et seq., the District Court's grants of summary judgments are affirmed where: 1) the district court properly agreed with the determinations of the Impartial Hearing Officer who initially considered the matter in the State's administrative scheme, and properly rejected the subsequent determinations of the State Review Officer; and 2) although the magistrate judge, who recommended granting the Department's motion for summary judgment, overstated the extent to which federal courts must defer to the findings of state administrative officers, the Department's motion was properly granted.

Appellate Information

  • Decided 06/29/2012
  • Published 06/29/2012


  • SACK


  • United States Second Circuit