In an action for tuition reimbursement under the Individuals with Disabilities Education Improvement Act (IDEA), summary judgment for defendant department of education is affirmed where: 1) because the IDEA does not require that an Individualized Education Plan (IEP) name a specific school placement, plaintiff-child’s IEP was not procedurally deficient; and 2) there was substantial evidence in the record that the IEP provided significant benefits to plaintiff in addressing his problematic behaviors.

Read T.Y. v. N.Y. City Dep’t of Educ., No. 08-3527

Appellate Information

Argued: June 22, 2009

Decided: October 9, 2009

Judges

Opinion by Judge Parker

Counsel

Appellants:

Gary S. Masterson and Tracy Spencer Walsh, Mayerson & Associates, New York, NY

For Appellee:

Suzanne K. Colt and Pamela Seider Dolgow, Assistant Corporation Counsel, New York, NY

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