NYS Supreme Court Dismisses ERCSD appeal re Breach of IDEA 6-4-15

On June 4, 2015 the State of New York Supreme Court (Albany) Appellate Division issued a decision denying the appeal of the East Ramapo Central School District of a ruling by the State Commissioner of Education that it had breached provisions of the Individuals with Disabilities Education Act (IDEA).  The Commissioner had found that the petitioner’s dispute resolution practices relating to students’ individualized education programs violated the IDEA.  To receive federal funding under the IDEA, the State Education Department must establish procedures to ensure that students with disabilities receive a free appropriate public education in the least restrictive environment and an individualized education program tailored to their needs. The students and their parents are also afforded certain procedural safeguards . In turn, petitioner’s receipt of funding under the IDEA requires the annual submission of “a plan that provides assurances to” the Department that, in its provision of education to students with disabilities, it complies with the policies and procedures that the State Education Department established.

The appellate court ruled that the IDEA does not expressly confer upon the petitioner a private right of action to contest the State Education Department’s regulatory and enforcement actions, so its appeal was dismissed.  A copy of the decision is below.

ERCSD v John B King Appeal Decision 6-4-15

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.