OPINION & ORDER Defendants New York City Department of Education (“DOE”) and Richard A. Carranza,1 in his official capacity as Chancellor of the New York City School District, move to dismiss the Amended Complaint. For the reasons that follow, Defendants’ motion to dismiss is granted in part and denied in part.BACKGROUNDThis case is about the special education needs of severely disabled children who rely on a variety of services to attend school. Plaintiffs are the parents of three students, aged eight to fifteen, who were born with serious medical conditions that have severely limited their cognitive and physical abilities. These disabilities present significant disadvantages for the students and their families, and constrain virtually every facet of their lives, including their ability to obtain an adequate education.The claims in this action arise from a systemic breakdown in DOE’s practices, policies, and procedures governing the services it must provide to medically fragile children. While DOE is responsible for providing every child with a “free and appropriate public education,” its policies and procedures have hobbled the efforts of the disabled students in this case from securing the services they need. Instead of alleviating the burdens borne by disabled students and their families, the current policies spawn a cumbersome and counterintuitive bureaucracy that undermines the goal of educating these children. There is a glaring disconnect among the agencies within DOE tasked with providing nursing, transportation, and porter services. Because of these issues, the students were left with no other choice but to sit out significant periods of the school year.After attempting to navigate through DOE’s beadledom, one of the Plaintiffs commenced this action to compel DOE to take prompt action. With a preliminary injunction in place, Plaintiffs amended their complaint, asserting claims based on violations of the Individuals with Disabilities Education Act (“IDEA”), New York State Education Law, the Rehabilitation Act, the Americans with Disabilities Act (“ADA”), and federal civil rights under 42 U.S.C. §1983. Defendants move to dismiss the Amended Complaint (the “Complaint”) in its entirety.I. Allegations of the Amended ComplaintFor purposes of this motion, the factual allegations of the Complaint are accepted as true. J.P., M.C., and O.A. are disabled children who suffer from severe medical conditions and require substantial assistance to attend school. They require individualized nursing services, transportation to and from school on a specialized bus outfitted to carry wheelchairs, a nurse to accompany them on the bus, and another nurse that is either with or near them in school throughout the day. (Compl.
6-9, 11.) Additionally, two of the students — J.P. and M.C. — require porter service transporting them up and down the stairs of their walk-up apartment buildings to and from the school bus. (Compl. 10.)A. J.L on behalf of J.P.J.P. is an eight-year-old-boy who suffers from ornithine transcarbamylase deficiency, a rare genetic disorder which causes muscle spasms, hydrocephaly (an abnormal buildup of cerebrospinal fluid in the brain), and frequent severe seizures. J.P.’s medical condition requires him to use a nasal tube and a gastronomy tube. (Compl.
