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Abrams v. N.Y.C. Dep't of Educ.

DOE Must Pay for Disabled Students' Transportation Between March, June 2020

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OPINION AND ORDER Plaintiffs Elizabeth Abrams, as Parent and Natural Guardian of A.A., et al., bring this action against the New York City Department of Education and Meisha Ross Porter, the chancellor of the Department of Education (collectively, “DOE”), alleging violations of the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. §1400 et seq., and the New York Education Law, §4404. Before the Court now is Plaintiffs’ motion for summary judgment. For the reasons that follow, Plaintiffs’ motion is granted. I. Background1 Plaintiffs in this action are the parents or guardians of seventeen disabled children who reside in the City of New York. (Dkt. No. 102 1.) In the summer of 2019, each plaintiff separately filed a Due Process Complaint (“DPC”) challenging DOE’s proposed placement for their child during the 2019-2020 school year and seeking reimbursement for their child’s tuition at the International Institute for the Brain (“iBRAIN”), as well as special transportation and/or nursing services. (Dkt. No. 102 4.) All students were awarded a Pendency Order at iBRAIN in connection with his or her DPC proceedings for the 2019-2020 school year. (Dkt. No. 102

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