L.R. v. New York City Department of Education

Justia Dockets & Filings Second Circuit New York Eastern District L.R. v. New York City Department of Education

L.R. v. New York City Department of Education

Plaintiff:	L. R.
Defendant:	New York City Department of Education
Case Number:	1:2015cv01542
Filed:	March 24, 2015
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Frederic Block
Presiding Judge:	Robert M. Levy
Nature of Suit:	Civil Rights: Education
Cause of Action:	28 U.S.C. § 1331 Federal Question: Other Civil Rights
Jury Demanded By:	None

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Date Filed	Document Text
June 20, 2016	Filing 20 MEMORANDUM & ORDER: Plaintiff's motion 17 for judgment on the pleadings is granted and defendant's cross motion 18 for judgment on the pleadings is denied. The Court concludes that the DOE denied L.R. a FAPE because, as the IHO found, t he 15:1 class placement was inappropriate. Because L.R.s enrollment at Cooke was appropriate and the equities favor Mr. R., the Court orders the DOE to reimburse L.R.s Cooke tuition for the 2011-12 school year. Considering Cooke did not require Mr. R. to pay the tuition in advance, the DOEs payment should be made directly to Cooke. See E.M. v. N.Y.C. Dept of Educ., 758 F.3d 442, 453 (2d Cir. 2014) (approving a direct-payment remedy to a private school). Ordered by Judge Frederic Block on 6/20/2016. (Innelli, Michael)

Date Filed

Document Text

June 20, 2016

Filing 20 MEMORANDUM & ORDER: Plaintiff's motion 17 for judgment on the pleadings is granted and defendant's cross motion 18 for judgment on the pleadings is denied. The Court concludes that the DOE denied L.R. a FAPE because, as the IHO found, t he 15:1 class placement was inappropriate. Because L.R.s enrollment at Cooke was appropriate and the equities favor Mr. R., the Court orders the DOE to reimburse L.R.s Cooke tuition for the 2011-12 school year. Considering Cooke did not require Mr. R. to pay the tuition in advance, the DOEs payment should be made directly to Cooke. See E.M. v. N.Y.C. Dept of Educ., 758 F.3d 442, 453 (2d Cir. 2014) (approving a direct-payment remedy to a private school). Ordered by Judge Frederic Block on 6/20/2016. (Innelli, Michael)

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Defendant: New York City Department of Education
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Plaintiff: L. R.
Represented By:	Thomas Gray
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