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Direct Payment or Reimbursement Requires a Developed Record

Direct Payment or Reimbursement Requires a Developed Record

Feb 9, 2026 | by Special Education Solutions

In Moonsammy v. Banks, No. 23 Civ. 10491 (PAE), 2024 WL 4277521, 124 LRP 35077 (S.D.N.Y. Sept. 23, 2024), the district court reviewed an administrative decision that found a denial of a free appropriate public education (FAPE) under the Individuals with Disabilities...
Direct Payment or Reimbursement Requires a Developed Record

Surreptitious Audio Recordings May Be Admissible

Feb 9, 2026 | by Special Education Solutions

In G.L. v. Verona Borough Board of Education, No. 2:23-cv-00938, 2024 WL 3549060, 124 LRP 28443 (D.N.J. July 26, 2024) (unpublished), the district court addressed disputes concerning the appropriate placement of a young student with multiple disabilities and, more...
Direct Payment or Reimbursement Requires a Developed Record

Placement Objections Cannot Rest on Speculation

Feb 9, 2026 | by Special Education Solutions

In Rivas v. Banks, No. 22-CV-10007 (LJL), 2023 WL 8188069, 123 LRP 34269 (S.D.N.Y. Nov. 27, 2023), reconsideration denied, 2024 WL 292276 (Jan. 25, 2024), aff’d, No. 24-268, 2024 WL 5244849 (2d Cir. Dec. 30, 2024), the district court affirmed administrative decisions...
Direct Payment or Reimbursement Requires a Developed Record

A Private Placement Can Be Appropriate Without Mirroring the IEP

Feb 9, 2026 | by Special Education Solutions

In M.M. v. New York City Department of Education, No. 21-cv-3693 (BMC), 2024 WL 3904771, 124 LRP 31321 (E.D.N.Y. Aug. 22, 2024), the court addressed a situation in which a school district failed over multiple years to offer an appropriate placement under the...
Direct Payment or Reimbursement Requires a Developed Record

No First Amendment Right to Video Record IEP Meetings

Feb 9, 2026 | by Special Education Solutions

In Pitta v. Medeiros, 90 F.4th 11, 124 LRP 521 (1st Cir. Jan. 4, 2024), the First Circuit affirmed dismissal of a lawsuit alleging that a school district and special education administrator violated a parent’s First Amendment rights by refusing to allow video...
Direct Payment or Reimbursement Requires a Developed Record

Speculation Wasn’t Enough to Undermine the Placement

Feb 7, 2026 | by Special Education Solutions

In Zayas v. Banks, No. 22 CIV. 7112 (KPF), 2024 WL 216761, 124 LRP 1849 (S.D.N.Y. Jan. 19, 2024), reconsideration denied, 2024 WL 1657880 (Apr. 17, 2024), appeal filed, No. 24-1076 (2d Cir. Apr. 24, 2024), the court rejected a claim for tuition reimbursement based on...
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