J.T. v. New York City Department of Education
Plaintiff: J.T.
Defendant: New York City Department of Education
Case Number: 1:2019cv03403
Filed: June 7, 2019
Court: US District Court for the Eastern District of New York
Presiding Judge: Lois Bloom
Referring Judge: LaShann DeArcy Hall
Nature of Suit: Civil Rights: Education
Cause of Action: 20 U.S.C. § 1400 Civil Rights of Handicapped Child
Jury Demanded By: None
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Docket Report

This docket was last retrieved on February 11, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 11, 2019 Filing 25 NOTICE by J.T. of Rejection of Defective Document (Attachments: #1 Exhibit IEP failing to provide functional behavior assessment and behavior intervention plan for student suffering from ADHD and failing to provide 1:1 instruction despite overwhelming evidence that the student's instruction ratio is 1:1) (Toth, Jerry)
July 1, 2019 Filing 24 EXHIBIT Complaint July 1, 2019 concerning 2019-2020 IEP by J.T.. Related document: #22 Second MOTION for Reconsideration based upon overwhelming evidence that T.T. requires 1:1 instruction, and the Department's omission to consider that option filed by J.T., #23 Declaration,, filed by J.T.. (Toth, Jerry)
June 26, 2019 Filing 23 DECLARATION in support of 1:1 instruction during pendency by J.T. (Attachments: #1 Exhibit Curriculum Vitae of Dr. Karen Hopkins, M.D. a developmental pediatrician and professor of medicine, #2 Exhibit Evaluation of T.T. by medical doctor who has treated him for seven years., #3 Exhibit Curriculum Vitae of Dr. W. G. von Gorp, professor at Columbia, Cornell and Standord, #4 Exhibit Personal evaluation of T.T. by Dr. Wilfred G. von Gorp, #5 Exhibit Despite overwhelming evidence that T.T. needs a 1:1 teaching ratio, the IEP omitted to consider that option.) (Toth, Jerry)
June 26, 2019 Filing 22 Second MOTION for Reconsideration based upon overwhelming evidence that T.T. requires 1:1 instruction, and the Department's omission to consider that option by J.T.. (Attachments: #1 Memorandum in Support Memorandum in support of motion for consideration of the issue of learning) (Toth, Jerry)
June 21, 2019 Opinion or Order ORDER: On June 19, 2019, Plaintiff moved to reopen the case, which the Court interprets as a motion to reconsider its June 14, 2019 Order denying Plaintiff's request for a temporary restraining order to the extent it requests that Defendant pay the deposit and fees for the Keswell School. Plaintiff has failed to identify an intervening change in controlling law, new evidence, or clear error or arguments concerning manifest injustice requiring reconsideration. See Salveson v. JP Morgan Chase & Co., 663 F. App'x 71, 75 (2d Cir. 2016) ("The standard for granting such a motion is strict, and reconsideration will generally be denied unless the moving party can point to controlling decisions or data that the court overlooked."). Moreover, as the Court has previously indicated, it is not all together clear whether this Court has jurisdiction to entertain this matter given Mr. Toth has not made a due process complaint regarding the 2019-2020 school year. However, even if the due process complaint filed by Mr. Toth regarding the 2018-2019 school year, or Mr. Toth's futility argument, cured any jurisdictional defect, Mr. Toth's request that the Court direct the Department of Education to pay the tuition and fees for the Keswell School would be denied. At most, for the purpose of pendency under the IDEA provisions set forth 20 USC 1415(j), the Court could only direct the placement of T.T. at a school consistent with his then-current educational placement or the status quo. A student's then-current educational placement has been understood to mean: "(1) typically the placement described in the child's most recently implemented IEP [Individualized Education Program]; (2) the operative placement actually functioning at the time... when the stay put provision of the IDEA was invoked; and (3) the placement at the time of the previously implemented IEP." Mackey ex rel. Thomas M. v. Bd. of Educ. For Arlington Cent. Sch. Dist., 386 F.3d 158, 163 (2d Cir. 2004). In this case, the status quo is placement at a State-approved non-public school, coupled with the services set out in the February 9, 2018 stipulation of settlement. By letter dated June 14, 2019, the Department of Education has confirmed that it has made available to Mr. Toth at least one State-approved non-public school, the QSAC school, located in Queens, New York. That Mr. Toth finds the school inadequate because the principal of the school "made faces" when Plaintiff's parents visited some years ago and that the school is not located near Mr. Toth's work place in Manhattan, are not bases to deem the school inappropriate or otherwise inconsistent with the then-current educational placement of T.T. If Mr. Toth rejects QSAC (or any other State-approved non-public school made available by Department of Education), he is permitted to place his son at a private school of his choosing, pay the cost for private school, and seek reimbursement from the Department of Education pursuant to 20 U.S.C. 1412(a)(10)(C)(ii). However, if Mr. Toth elects this option, he does so at his own financial risk. See Reyes v. N.Y.C. Dep't of Educ., 760 F.3d 211, 215 (2d Cir. 2014) (noting that where parents unilaterally enroll the child in a private school and seek tuition reimbursement from the school district, they "pursue this option at their own financial risk"). For these reasons, Plaintiff's motion for reconsideration is DENIED #21 . Local Civ. R. 6.3; Fed. R. Civ. 59(e). Ordered by Judge LaShann DeArcy Hall on 6/21/2019. (Ramesar, Thameera)
June 19, 2019 Filing 21 First MOTION to Reopen Case for the approval of The Keswell School on the ground that the Department recommended very distant, inappropriate and unavailable schools, and the IDEA vests in a handicapped child the right to an appropriate private placement by J.T.. (Attachments: #1 Map showing Devereaux School 104 miles from the child's home., #2 Map showing Exceptional Childrens' School, #3 Map showing Westchester Special Childrens' School would require crossing the length of Manhattan twice per day.) (Toth, Jerry)
June 18, 2019 Filing 20 NOTICE by J.T. re #9 Affidavit Exhibit to Notice of Rejection of Defective Document (Toth, Jerry)
June 18, 2019 Filing 19 NOTICE by J.T. of Rejection of Defective Document (Attachments: #1 Exhibit) (Toth, Jerry)
June 18, 2019 Filing 18 Letter re: status update concerning the DOE's pending inquiries with State-approved non-public schools by New York City Department of Education (Koroleva, Lana)
June 14, 2019 Opinion or Order MINUTE ENTRY AND SCHEDULING ORDER: The Court held a telephone conference on June 14, 2019. Jerry Toth appeared on behalf of Plaintiff. Lana Koroleva appeared on behalf of Defendant. Plaintiff's request for a temporary restraining order is DENIED #2 to the extent it requests that Defendant pay the deposit and fees for the Keswell School. The Court reserves determination with respect to any other relief. Defendant is directed to submit a status update regarding pending school inquiries by 5:00 p.m. on June 18, 2019. The Court will hold a telephone conference on June 28, 2019 at 2:00 p.m. Counsel for Defendant is directed to assemble Mr. Toth on the line and call chambers directly at (713) 613-2100. Ordered by Judge LaShann DeArcy Hall on 6/17/2019. (Court Reporter Holly Driscoll.) (Valentin, Winnethka)
June 14, 2019 Filing 17 Letter regarding DOE's efforts to secure private school placement for T.T. by New York City Department of Education (Attachments: #1 Exhibit A) (Koroleva, Lana)
June 14, 2019 Filing 16 NOTICE of Appearance by Jerry Geza Toth on behalf of J.T. (aty to be noticed) (Toth, Jerry)
June 14, 2019 Filing 15 MEMORANDUM in Support re #5 Scheduling Conference,,, #1 Complaint filed by J.T.. (Attachments: #1 Notice of Impartial Hearing Filed June 11, 2018) (Toth, Jerry)
June 14, 2019 Filing 14 AFFIDAVIT/AFFIRMATION by J.T. (Attachments: #1 Exhibit Complaint seeking 1:1 instruction for T.T., #2 Exhibit Report & Recommendations of Magistrate Orenstein found no relief could be granted because plaintiff unable to find a seat for T.T. in a school offering 1:1 instruction., #3 Exhibit The Hon. Sandra Townes dismissed plaintiff's case as moot., #4 Exhibit The Second Circuit determined that plaintiff's cause of action for compensatory education was not moot.) (Toth, Jerry)
June 14, 2019 Filing 13 Letter in response to the Court's Minute Entry dated June 14, 2019 by New York City Department of Education (Koroleva, Lana)
June 13, 2019 MINUTE ENTRY AND SCHEDULING ORDER: The Court held a telephone conference on June 13, 2019. Jerry Toth appeared on behalf of Plaintiff. Lana Koroleva appeared on behalf of Defendant. Plaintiff is directed to submit evidence, if any, of Defendant previously approving the Keswell School for T.T.'s placement by June 14, 2019 at 10:00 a.m. Defendant is directed to set forth its position in response to the applicability of Murphy v. Arlington Cent. Sch. Dist. Bd. of Educ., 297 F.3d 195 (2d Cir. 2002) by June 14, 2019 at 10:00 a.m. Defendant is further directed to provide the Court with a list of state-approved non-public schools that can accommodate placement of T.T. for the 2019-2020 school year by June 14, 2019 at 1:00 p.m. The Court will hold a telephone conference on June 14, 2019 at 2:00 p.m. Counsel for Defendant is directed to assemble Mr. Toth on the line and call chambers directly at (713) 613-2100. Mr. Toth is further directed to file a notice an appearance by June 14, 2019 at 12:00 p.m. (Court Reporter Holly Driscoll.) (Valentin, Winnethka)
June 13, 2019 Filing 12 AFFIDAVIT/AFFIRMATION describing the educational program of The Keswell School by J.T. (Toth, Jerry)
June 12, 2019 MINUTE ENTRY: The Court held a telephone conference on June 12, 2019. Jerry Toth appeared on behalf of Plaintiff. Lana Koroleva appeared on behalf of Defendant. (Court Reporter Holly Driscoll.) (Valentin, Winnethka)
June 12, 2019 Filing 11 AFFIDAVIT/AFFIRMATION re #5 Scheduling Conference,,, #1 Complaint Affirmation of Service of Summons, Complaint, and Signed Order to Show Cause by J.T. (Toth, Jerry)
June 12, 2019 Filing 10 REPLY in Support re #9 Affidavit, #5 Scheduling Conference,,, #8 Memorandum in Opposition filed by J.T.. (Attachments: #1 Exhibit Dr. Karen Hopkins, M.D. Professor NYU Langone School of Medicine, #2 Exhibit Evaluation by Dr. Wilfred G. von Gorp, #3 Exhibit Evaluation by Jennifer Hairston, #4 Exhibit 26% of teachers say IS 250 has order and discipline.) (Toth, Jerry)
June 11, 2019 Filing 9 AFFIDAVIT/AFFIRMATION of Lana Koroleva dated June 11, 2019 by New York City Department of Education (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Koroleva, Lana)
June 11, 2019 Filing 8 MEMORANDUM in Opposition to Plaintiff's application for injunctive relief filed by New York City Department of Education. (Koroleva, Lana)
June 11, 2019 Filing 7 Letter stating telephone number for conference by J.T. (Toth, Jerry)
June 10, 2019 Filing 6 NOTICE of Appearance by Lana Koroleva on behalf of New York City Department of Education (aty to be noticed) (Koroleva, Lana)
June 10, 2019 Filing 5 Minute Entry & Order for proceedings held before Judge Kiyo A. Matsumoto: A conference regarding plaintiff's request for an Order to Show Cause Hearing was heard before Judge Matsumoto on June 10, 2019. Plaintiff was represented by Jerry Toth, Esq. The defendant was represented by Elizabeth Edmonds, Esq. The court directed Mr. Toth to serve the defendant with his submission no later than 5:00 p.m. on June 10, 2019 and note service on the docket. The court also directed the defendant to file its response to the plaintiff's submission no later than 7:00 p.m. on June 11, 2019. The court scheduled a telephonic Show Cause Hearing for June 12, 2019 at 10:00 a.m. before Judge DeArcy Hall. (Court Reporter Michele Nardone.) (Spriggs, Steven)
June 10, 2019 FILING FEE: $ 400.00, receipt number 4653140690 (Williams, Erica)
June 7, 2019 Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Williams, Erica)
June 7, 2019 Filing 3 Summons Issued as to New York City Department of Education. (Williams, Erica)
June 7, 2019 Filing 2 Unsigned Order to Show Cause by J.T. (Attachments: #1 Memorandum in Support) (Williams, Erica)
June 7, 2019 Filing 1 COMPLAINT against New York City Department of Education, filed by J.T.. (Attachments: #1 Civil Cover Sheet) (Williams, Erica) (Main Document 1 replaced on 6/10/2019) (Williams, Erica).

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Defendant: New York City Department of Education
Represented By: Lana Koroleva
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Plaintiff: J.T.
Represented By: Jerry Geza Toth
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