Judge Jesse Furman
Through parent Y.M., A.M.—a student diagnosed with intellectual and learning disabilities—brought suit challenging the education program offered by the New York City Department of Education (DOE). A.M. asked this court to vacate the decision and order of a New York State Review Officer (SRO) and award tuition reimbursement as a result of DOE's alleged denial of a free appropriate public education (FAPE). A.M. claimed that the SRO's findings were cursory and insufficient. The court disagreed, finding that the SRO's decision was thorough and well-reasoned, and thus were entitled to significant deference. Nevertheless, the court conducted its own independent review, and after that review it agreed with the SRO's conclusions. The court also found that A.M.'s challenge that she was improperly grouped at her placement and that her placement was not a safe learning environment consisted of vague and unsubstantiated reports, and carried less weight than the testimony and opinions of the teacher who worked at the placement. Thus the court concluded that A.M. was offered a FAPE, and denied A.M.'s motion for summary judgment, and granted DOE's cross-motion for summary judgment.
