R.E. v. New York City Department of Education

694 F.3d 167 (2d Cir. 2012) – The court held that a school district may only offer testimony that explains or justifies what is already written in the IEP – it may not “rehabilitate” or amend an IEP after the fact through testimony regarding services that do not appear in the IEP. In other words, READ MORE

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

2013 WL 2158587 (2d Cir. 2013) – The court held that the IEP at issue in the case was substantively inadequate because it failed to provide sufficient 1:1 instruction to the student, despite clear evidence in the record demonstrating the student’s need for 1:1 instruction.

T.M. v. Cornwall Central School District

752 F.3d 145 (2d Cir. 2014) – The court held that Congress’ “least restrictive environment” mandate applies to Extended School Year (ESY) placements and school districts must consider the “full continuum” of placements.

Ermini v. Vittori

758 F.3d 153 (2d Cir. 2014) (served as amicus counsel) – In this case involving an international custody dispute brought under the Hague Convention, the Second Circuit held that, despite a father’s wishes, his son with “severe” autism would remain in the United States with his mother and brother so that he might continue to READ MORE

C.L. v. New York City Department of Education

2014 WL 278405 (2d Cir. 2014) (served as amicus counsel) – The Second Circuit held that the school district failed to meet its burden to show how a 6:1:1 placement would be able to provide educational benefits to a student who required 1:1 instruction to learn.