United States Second Circuit

In a consolidated appeal of three lawsuits brought by parents of autistic children, claiming due process violations against the New York City Department of Education, and seeking tuition reimbursement on the grounds that the Department's public school placement offers for their children were inadequate, the judgment of the district court is: 1) reversed where courts must evaluate the adequacy of an individualized educational program (IEP) prospectively as of the time of the parents' placement decision and may not consider "retrospective" testimony regarding services not listed in the IEP; 2) reversed as to the decision in the first case because the Department offered the student a free and appropriate public education (FAPE); 3) affirmed as to the decision in the second case because the Department failed to offer the student a FAPE; and 4) affirmed as to the decision in the third case where the Department offered the student a FAPE.

Appellate Information

• Decided 09/20/2012
• Published 09/20/2012

Judges

• Walker

Court

• United States Second Circuit

Counsel