D.A. v. New York City Department of Education
United States District Court for the Southern District of New York
769 F. Supp. 2d 403 (2011)
- Written by Carolyn Strutton, JD
Facts
D.A. was a child with autism whose parents (plaintiffs) unilaterally placed D.A. in a private school based on their belief that the New York City Department of Education (DOE) (defendant) had failed to provide D.A. with a free appropriate public education (FAPE). The tuition at the school far exceeded D.A.’s parents’ annual income, but the school agreed to enroll D.A. without upfront payment of the tuition while the parents sought reimbursement from the DOE. The DOE denied the tuition-reimbursement request, and D.A.’s parents pursued an administrative appeal. The initial appeal found in favor of D.A.’s parents and ordered a retroactive award of the school tuition. Upon the DOE’s appeal, the state review officer held that the tuition remedy was not available because D.A.’s parents had not incurred the cost of tuition. D.A.’s parents appealed in federal district court, and both the parents and the DOE sought summary judgment.
Rule of Law
Issue
Holding and Reasoning (Gardephe, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
