S.K. v. New York City Department of Education

S.K. was a young girl with autism who had significant delays in her verbal development. S.K. attended a preschool program that provided multiple one-on-one sessions of speech, occupational, and behavioral therapy every week. S.K. was making significant progress in her verbal and interpersonal skills and showed a reduction in disruptive behavior through this educational program. S.K.’s parents (plaintiffs) applied to the New York City Department of Education (the department) (defendant) for the department to pay for S.K.’s tuition to attend a private kindergarten where this level of supportive therapies would continue. The department denied the application and instead provided a proposed individual education plan (IEP) for S.K.’s placement in a public kindergarten. The IEP replaced individualized speech therapy with group speech therapy and eliminated the behavioral-therapy component. S.K.’s parents filed a challenge to the IEP, alleging that it failed to offer S.K. a free appropriate public education (FAPE) as required under the Individuals with Disabilities Education Act (IDEA). S.K.’s parents offered evidence of S.K.’s progress under her current program and substantial expert testimony that she required those individualized therapies to maintain this progress. The department did not present any evidence that S.K. would be likely to obtain educational benefits without those services. After administrative reviews, however, the state’s review officer held that the IEP adequately provided for S.K.’s special education. S.K.’s parents appealed the decision in district court.