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Navarro Carrilo v. Caranza

Tuition Action's Transfer to SDNY Explained; Suit Could Have Been Brought in SDNY

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MEMORANDUM AND ORDER Plaintiffs, parents and their child, commenced this action on April 6, 2020. Upon identifying a related case proceeding before Judge Colleen McMahon in the Southern District of York, this Court issued an Order to Show Cause on May 15, 2020 as to why this case should not be transferred to the Southern District for further proceedings. After reviewing the parties’ responses, this Court finds that the action should be transferred to the Southern District of New York pursuant to 28 U.S.C. §1404(a). I. Background Plaintiffs’ complaint is one of the many actions filed in New York courts challenging DOE’s refusal to grant educational funding under the Individuals with Disabilities Education Act (IDEA) for students who transferred from iHope to iBrain in recent years without prior authorization from DOE.¹ IDEA obligates the DOE to offer special-needs children a “free and appropriate public education” (FAPE). 20 U.S.C. §1400(d)(1)(A); see also Bd. of Educ. v. Rowley, 458 U.S. 176, 207 (1982) (FAPE must be “reasonably calculated to enable the child to receive educational benefits”). If parents believe DOE failed to offer a FAPE for a given year, they may transfer their child to a nonpublic school and then file an administrative complaint seeking reimbursement for that year. 20 U.S.C. §1412(a)(10)(C). Because these complaints take time to process, students are entitled to receive interim funding during the pendency of their application under Section 1415(j), provided the student remains in their “then-current educational placement.” 20 U.S.C. §1415(j). DOE reimbursed Plaintiffs for their child’s 2017-18 year at iHope. Compl. at 11, ECF No. 1. The following year, Plaintiffs unilaterally transferred their child to iBrain. Id. at

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