F.C. v. New York City Department Of Education, et al
||New York City Department Of Education, New York City Board Of Education and Carmen Farina
||July 31, 2015
||US District Court for the Southern District of New York
||Foley Square Office
||Paul A. Engelmayer
|Nature of Suit:
||Civil Rights: Education
|Cause of Action:
||20 U.S.C. § 1415
|Jury Demanded By:
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|August 5, 2016
OPINION & ORDER re: 12 MOTION to Dismiss, filed by New York City Department Of Education, Carmen Farina, 25 MOTION to Dismiss Amended Complaint, filed by New York City Department Of Education, Carmen Farina. F or the foregoing reasons, defendants' motion to dismiss in part the Amended Complaint is granted in part and denied in part. To summarize, the Court: Dismisses, without prejudice, all of plaintiff's claims as they relate to the SYs after 2012-2013 for lack of subject matter jurisdiction, except for plaintiff's claims of systemic violations concerning the scheduling of support services, defendants' restriction on 1:1 instruction and after-school tutoring, and defendants' decertification of children without prior reevaluation. Denies the motion to dismiss plaintiff's Section 504 claims concerning the scheduling of support services, the restriction on 1:1 instruction and after-school tutoring, defendants' decertification of children without prior evaluation, and denial of a FAPE for the 2011-2012 and 2012-2013 SYs, and grants the motion to dismiss all other Section 504 claims. Denies the motion to dismiss plai ntiff's IDEA claims and New York state law claims as moot, meaning that all of plaintiff's IDEA claims survive insofar as they pertain to the three systemic violations listed above as excused from exhaustion and all non-syste mic violations to the extent they occurred during the 2011-2012 and 2012-2013 SYs. Denies the motion to dismiss plaintiff's claims for violations of T.C.'s pendency rights and defendants' failure to implement the relief awarded by the IHD and SRO decision. Denies the motion to dismiss plaintiffs § 1983 claims based on all systemic violations of the IDEA and Section 504 on the basis of defendants' alleged policies and practices, but grants th e motion as to claims predicated on a failure to train. Grants the motion and dismisses plaintiff's § 1983 claims based on due process and equal protection violations under the U.S. Constitution. Denies the motion to dism iss plaintiff's New York State Constitution claim. The Clerk of Court is respectfully directed to terminate the motions pending at docket numbers 12 and 25. The Court will promptly issue a separate order to address next steps in this litigation. (As further set forth in this Opinion) (Signed by Judge Paul A. Engelmayer on 8/5/2016) (kl)
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