Student with a Disability Settles Claim Against the New York City Department of Education

On January 30, 2012, Cleary Gottlieb, in partnership with New York Lawyers for the Public Interest, successfully settled a claim brought against the New York City Department of Education (“DOE”) on behalf of M.H., a student with autism, and his parents. In their request for an impartial hearing, M.H.’s parents alleged that the DOE failed to provide M.H. with a free and appropriate public education (a “FAPE”) as required by state and federal law by violating their due process rights and creating an Individualized Education Plan that did not adequately address M.H.’s needs. As a result of this failure, M.H.’s parents unilaterally placed M.H. in a private school appropriate to his needs and sought reimbursement for the cost of tuition from the DOE. Rather than proceed to a hearing, the DOE agreed to settle the matter, offering M.H.’s parents full tuition reimbursement for the cost of sending M.H. to the school of their choice for the 2011-2012 school year.