The U.S. Court of Appeals for the Second Circuit has clarified the scope of district court review of individualized education plans designed for disabled children under the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq. The circuit decided two appeals from Southern District cases brought by parents of disabled children who challenged the procedural and substantive adequacy of education plans designed for their children by the New York City Department of Education.
In M.H. and E.K. v. New York City Department of Education, 10-2181, the court upheld the granting of summary judgment to the parents by Judge Loretta Preska (See Profile). In M.S. v. New York City Department of Education, 10-2418, it upheld the grant of summary judgment in the city’s favor by Judge Lewis Kaplan (See Profile).
