Jan 20

Big news!

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The Second Circuit Court of Appeals has issued a decision in T.K. v. N.Y.C. Dept. of Ed. 14-3047 affirming that the child was denied a FAPE. The decision focused on the denial of the right to meaningful parent participation. Specifically, the court was troubled by the District’s failure to listen to or address the parents’ concerns about bullying experienced by their child. The court acknowledge that testimony by a doctor familiar with the child reflected emotional regression. Taken together, the court found a FAPE deprivation. The court also found that the parent’s placement was appropriate and that the parents cooperated with the district. This is a huge win for all parents who attempt to raise issues of concern with their districts. Congratulations to all involved with this important precedent.

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