No. 20-1416

Dorothy Neske, et vir, Individually and as Parents and Natural Guardians of A. N. v. New York City Department of Education

Lower Court: Second Circuit
Docketed: 2021-04-08
Status: Denied
Type: Paid
Response Waived
Tags: educational-services individuals-with-disabilities-act pendency private-school private-school-placement reimbursement special-education unilateral-transfer
Key Terms:
DueProcess
Latest Conference: 2021-05-13
Question Presented (AI Summary)

Does a parent of a special education student forfeit her right to Pendency under §1415G) of the Individuals with Disabilities Act (I.D.E.A.) where the parent unilaterally moves the student from an appropriate private school Pendency placement to a substantially similar private school placement?"

Question Presented (OCR Extract)

QUESTIONS PRESENTED Does a parent of a special education student forfeit her right to Pendency under §1415G) of the Individuals with Disabilities Act (“I.D.E.A.”) where the parent unilaterally moves the student from an appropriate private school Pendency placement to a substantially similar private school placement? Does a district court have the authority under the I.D.E.A. to order a school district to reimburse the parent of a special education student for Pendency services up to the amount that it would have cost the school district itself to provide the required Pendency services, or up to the amount that the school district would have paid an appropriate private school placement that was the child’s Pendency placement by operation of law, where the parent unilaterally transfers the student from her Pendency placement to a_ substantially similar private school placement?

Docket Entries

2021-05-17
Petition DENIED.
2021-04-27
DISTRIBUTED for Conference of 5/13/2021.
2021-04-13
Waiver of right of respondent New York City Department of Education to respond filed.
2021-04-05
Petition for a writ of certiorari filed. (Response due May 10, 2021)

Attorneys

Dorothy Neske, et al.
Rory J. BellantoniBrain Injury Rights Group, Ltd., Petitioner
New York City Department of Education
Eric LeeNew York City Law Department, Respondent