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Court Limits Transportation Reimbursement to Services Actually Delivered

Court Limits Transportation Reimbursement to Services Actually Delivered

Feb 7, 2026 | by Special Education Solutions

In Araujo v. New York City Department of Education, No. 20 CIV. 7032 (LGS), 2023 WL 5097982, 123 LRP 24400 (S.D.N.Y. Aug. 9, 2023), the plaintiffs initially brought pendency funding claims on behalf of multiple students attending a private school known as iBrain....
Court Limits Transportation Reimbursement to Services Actually Delivered

Parental Noncooperation Defeats Tuition Reimbursement Claim

Feb 7, 2026 | by Special Education Solutions

Neske v. New York City Department of Education, No. 22-2962-CV, 2023 WL 8888586, — F. App’x —, 123 LRP 37531 (2d Cir. Dec. 26, 2023), involved a unilateral parental placement at a private school known as the International Institute for the Brain...
Court Limits Transportation Reimbursement to Services Actually Delivered

Excluding Guardian From IEP Meeting Denied FAPE

Feb 7, 2026 | by Special Education Solutions

In Davis v. Banks, No. 21-CV-3265 (PKC) (PK), 2023 WL 6214107, 123 LRP 29915 (S.D.N.Y. Sept. 25, 2023), the district court awarded summary judgment to the grandmother and legal guardian of a nine-year-old student with a disability, concluding that the New York City...
Court Limits Transportation Reimbursement to Services Actually Delivered

Ambiguous Pendency Orders Prompt Remand for Clarification

Feb 7, 2026 | by Special Education Solutions

In Davis v. Banks, No. 22-CV-8184 (JMF), 2023 WL 5917659, 123 LRP 29611 (S.D.N.Y. Sept. 11, 2023), the district court addressed two recurring issues arising from pendency (“stay-put”) orders involving placements at a private school known as iBrain: (1) whether a...
Court Limits Transportation Reimbursement to Services Actually Delivered

Stay-Put Funding Required When No IEP Placement Exists

Feb 7, 2026 | by Special Education Solutions

In L.G. v. New York City Department of Education, No. 23-CV-9268, 2023 WL 8044937, 123 LRP 33163 (S.D.N.Y. Nov. 3, 2023), the court applied stay-put principles to a situation in which no available placement conformed to the student’s individualized education program...
Court Limits Transportation Reimbursement to Services Actually Delivered

Court Allows ADA Claim to Proceed After IDEA Loss

Feb 7, 2026 | by Special Education Solutions

In Lartigue v. Northside Independent School District, No. 22-50854, 2023 WL 7869124, 86 F.4th 689, 123 LRP 33956 (5th Cir. Nov. 16, 2023), the Fifth Circuit reversed a grant of summary judgment in favor of a school district and held that a student’s ADA Title II claim...
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