United States Second Circuit

In an action brought by plaintiff, the parent of a disabled child, under the Individuals with Disabilities Education Act (IDEA), alleging that defendant denied her child the free appropriate public education that the IDEA requires and seeking direct tuition payment for the 2008-2009 school year to the private school where she enrolled her child, judgment in favor of defendant is vacated and remanded, where: 1) plaintiff has standing to pursue this claim because she is legally obligated to pay tuition to her child's private school, even if that obligation may not be enforced unless and until she is successful in her legal challenge to the defendant's proffered Individualized Education Program (IEP); and 2) the district court erred in affirming the decision of the state administrative officer as to the adequacy of the IEP, because the officer impermissibly relied on retrospective evidence extrinsic to the IEP in assessing the adequacy of the educational services that would have been provided by defendant.

Appellate Information

• Decided 07/11/2014
• Published 07/11/2014

Judges

• CARNEY

Court

• United States Second Circuit

Counsel