United States Second Circuit

Summary judgment for defendant-school district in an action in which plaintiffs allege that defendant violated the Individuals with Disabilities Education Act (IDEA) by denying plaintiff-minor a free appropriate public education (FAPE) in his least restrictive environment (LRE) is vacated and remanded, where: 1) the LRE requirement of IDEA applies to extended school year placements as it does to regular school‐year placements; 2) the district court erred in determining that defendant met the LRE requirement when it offered plaintiff-minor only an extended school year placement in a self‐contained special education class; and 3) the district court erred by requiring defendant to reimburse plaintiff-minor's parents for the entire cost of the pendency services they obtained for him from private providers after defendant offered to provide equivalent services directly.

Appellate Information

• Decided 04/02/2014
• Published 04/02/2014

Judges

• KATZMANN

Court

• United States Second Circuit

Counsel