Jennie Landsman, Individually and as Parent and Natural Guardian of J. L. v. Melissa Aviles-Ramos, Chancellor of the New York City Department of Education, et al.
DueProcess Securities Privacy
1. Under the Individuals with Disabilities
Education Act, in order to determinewhether the parent of a disabled child is
entitled to reimbursement from the local
school district for a unilateral placement,local and state administrative officers andcourts apply the Burlington/Carter
analysis. If the parent prevails on the first
two prongs of that test , is there a rebuttable
presumption of full reimbursement, whichthe school district may rebut only byproducing evidence showing that the
equities do not favor full reimbursement?
2. Under the Individuals with Disabilities
Education Act, when a parent wishes toseek reimbursement for their disabled
child's unilateral placement, they are
required to provide the local school districta Ten-Day Notice before withdrawing theirdisabled student from the public school and
unilaterally placing them in a private
school. To obtain a reduction ofreimbursement for a unilateral placementunder Prong III of the Burlington/Carter
test on the grounds that the parent failed to
comply with the IDEA's ten-day notice
requirement, must a school district showthat it was harmed by the parent'snoncompliance?
Whether a parent seeking reimbursement under the Individuals with Disabilities Education Act must overcome a rebuttable presumption of full reimbursement after prevailing on the first two prongs of the Burlington/Carter analysis, and whether a school district must demonstrate actual harm to reduce reimbursement for failure to provide ten-day notice