Student X v. N.Y. City Dept. of Educ.

2008 U.S. Dist. Lexis 88163 (E.D.N.Y. 2008) – The court held that a student’s pendency entitlements continue during an appeal at the district court level. The local educational agency (“LEA”) failed and refused to honor and implement the student’s pendency entitlements for ABA service hours and other interventions, and the District Court awarded the student more than a year’s worth compensatory services. Furthermore, the District Court held that the LEA was liable to pay attorneys’ fees and other costs.