Feb 7, 2026 | by Special Education Solutions
The Second Circuit reaffirmed that an individualized education program (IEP) may satisfy both the free appropriate public education (FAPE) and least restrictive environment (LRE) requirements—even when it does not align with general education standards—where the...
Feb 7, 2026 | by Special Education Solutions
The stay-put provision of the IDEA, which requires that a child remain in his or her then-current educational placement during the pendency of proceedings unless the parties agree otherwise, can be difficult to apply when a placement ends for reasons unrelated to a...
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....
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...
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...
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...
