Recent Special Education Reimbursement Case

Under the IDEA, states receiving federal funds are required to “provide ‘all children with disabilities’ a free appropriate public education [FAPE].” A free appropriate public education consists of special education and related services tailored to meet the unique needs of a particular child, which are reasonably calculated to enable the child to receive educational benefits.  To ensure that qualifying children receive a FAPE, a school district must create an individualized education program (‘IEP’) for each such child. An IEP is “a written statement that sets out the child’s present educational performance, establishes annual and short-term objectives for improvements in that performance, and describes the specially designed instruction and services that will enable the child to meet those objectives,  and it “must be likely to produce progress, not regression, and must afford the student with an opportunity greater than mere trivial advancement.

In New York, Committees on Special Education (“CSEs”) are responsible for creating IEPs. They are “comprised of members appointed by the local school district’s board of education, and must include the student’s parent(s), a regular or special education teacher, a school board representative, a parent representative, and others. Parents who believe their child is not being provided a FAPE “may unilaterally enroll the child in a private school and seek tuition reimbursement from the school district.

Recently, a federal district court in New York ruled that a student’s father was entitled to reimbursement for his son’s private school tuition after a person at his son’s school said that the school was not appropriate for his son and suggested he seek an alternative placement. L.R. v. New York City Dep’t of Educ., No. 15CV1542-FBRML, 2016 WL 3390413 (E.D.N.Y. June 20, 2016). The district court credited the findings of the Independent Hearing Officer (“IHO”), which differed from the State Review Officer.  The IHO’s decision may be appealed to a State Review Officer (“SRO”). The SRO is the final arbiter of whether the state and the district have afforded the student a free  appropriate public education. Although the SRO is the final state administrative decision maker, the district court deferred to the IHO’s analysis because the SRO’s determinations were “insufficiently reasoned to merit deference.” This willingness to defer to the IHO is significant in that it it indicates that the Courts may look more closely at the SRO’s rationale. If the Court determines that the SRO does not adequately support its decision, it may more readily defer to the IHO.

Teacher Loses Employment Discrimination Case Against School District

What does employment discrimination mean and when is an individual entitled to bring a workplace discrimination claim? How does employment discrimination law apply to Education Law?

 Generally, under Federal and New York State Laws employment discrimination occurs when a person or a group of persons is treated unequally based on race, gender, age, disability, religion, national origin, marital status, sexual orientation, veteran status, and political affiliation or beliefs, which has a negative affect on that individual. Therefore, job discrimination is prohibited and several Federal Acts have been enacted to support this objective, such as:

  1. Title VII of the Civil Rights Act of 1964 (Title VII),
  2. Equal Pay Act of 1963 (EPA),
  3. Age Discrimination in Employment Act of 1967 (ADEA),
  4. Title I and Title V of the Americans with Disabilities Act of 1990 (ADA),
  5. Civil Rights Act of 1991,
  6. Sections 501 and 505 of the Rehabilitation Act of 1973, and
  7. Title II of the Genetic Information Non-discrimination Act of 2008 (GINA);

 In a recently issued verdict that was tried before the U. S. Eastern District of New York Court in Central Islip, a middle school employee lost a racial discrimination case against Malverne public school officials. A middle school mathematics teacher who was denied a promotion or reassignment initiated the suit. The teacher alleged the District discriminated against him due to his race. At the conclusion of the trial, an eight-member jury examined all the evidence and determined that the teacher had failed to establish the school district and/or its administrators had violated federal laws prohibiting discrimination. In reaching this conclusion, there are several requisite factors which must be considered. In light of these requirements, the federal jury unanimously came to the conclusion that the school’s decision in refusing to promote or reassign the teacher an additional class was not racially motivated and as a result there was no basis to grant the teacher damages.

 Where, however, a court finds that a person has been unlawfully discriminated at their workplace, the substantial remedies are available including, but not limited to, hiring, promotion, backpay, reinstatement, front pay, emotional distress damages, and reasonable accommodation.

 If you have questions or concerns regarding employment discrimination, or have any questions relating to workplace law, call Gilbert Law Group at 631.630.0100.

Contributed by Sakine Oezcan, Esq.