United States Second Circuit

Summary judgment to defendant-school district in an action brought by parents of a disabled child under the Individuals with Disabilities Education Act, and Section 504 of the Rehabilitation Act of 1973, is: 1) reversed in part and remanded as to the IDEA claim, where the State Review Officer's decision that the parents' private placement was not appropriate was insufficiently reasoned to merit deference and instead deference is due to the Impartial Hearing Officer's decision awarding tuition reimbursement, which was more thorough and carefully considered; and 2) affirmed in part as to the dismissal of the Rehabilitation Act claim, where plaintiffs did not present sufficient evidence of bad faith or gross misjudgment.

Appellate Information

• Decided 03/11/2014
• Published 03/11/2014

Judges

• CHIN

Court

• United States Second Circuit

Counsel