G.W. et al v. Rye City School District
| D.W., B.W. and G.W. |
| Rye City School District |
| 7:2011cv08208 |
| November 14, 2011 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Kenneth M. Karas |
| Other Civil Rights |
| 20 U.S.C. ยง 1400 |
| None |
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Filing
28
OPINION AND ORDER re: 15 CROSS MOTION for Summary Judgment filed by Rye City School District, 11 FIRST MOTION for Summary Judgment filed by B.W., D.W., G.W. The Court finds that the preponderance of the evidence supports the SRO's well-reas oned conclusion that the 2008-09 and 2009-10 IEPs were reasonably calculated to enable B.W. to receive educational benefits as required by the IDEA and would allow B.W. to make educational progress, and not regress. Having concluded that the District offered B.W. a FAPE for the two years in question, the Court need not reach Plaintiffs' claims regarding their unilateral placement of B.W. at Windward and Eagle Hill. See T.P. ex rel. S.P. v. Mamaroneck Union Free Sch. Dist., 554 F.3d 247, 254 (2d Cir. 2009) (upon a finding that an IEP is procedurally and substantively adequate, the court need not evaluate the services provided by the parents); Gavrity v. New Lebanon Cent. Sch. Dist., 05 Civ. 1024 (NAM) (DRH), 2009 WL 3164435, at *33 (N.D .N.Y. Sept. 29, 2009) (same). Accordingly, Plaintiffs' Motion for Summary Judgment is DENIED and Defendant's Motion for Summary Judgment is GRANTED. The Clerk of the Court is respectfully directed to terminate the motions (Docs. 11, 15) and to close this case. SO ORDERED. (Signed by Judge Edgardo Ramos on 3/29/2013) (mml)
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