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Cruz v. New York City Dep't of Educ.

Hearing Officer's Revised Pendency Order Must Address Similarity of Education Placement

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MEMORANDUMOPINION & ORDER The Complaint in this action was filed on December 21, 2018, and seeks injunctive relief under the Individuals with Disabilities Education Act, known as IDEA, 20 U.S.C. §1400 et seq. (Cmplt. (Dkt. No. 1)) Plaintiff is the mother of O.F., a fifteen year old boy “who suffers from brain injury, cerebral palsy and seizure disorder.” (Id. at 7). The Defendant is the New York City Department of Education (“DOE”).In Plaintiff’s application for a temporary restraining order and preliminary injunction she seeks (1) an order “revers[ing] [an impartial hearing officer's November 22, 2018] Final Order on Pendency”; a ruling “that the International Institute for the Brain… be deemed O.F.’s pendency placement”; an order “remov[ing] [Impartial Hearing Officer "IHO"] Robert Briglio from [Plaintiff's case]“; and an order “enjoin[ing] the reconvening of the impartial hearing before IHO Robert Briglio with respect to O.F.’s pendency placement in the underlying due process proceeding.” (Cmplt. (Dkt. No. 1) at 7; Order to Show Cause at 1-2)1BACKGROUNDAccording to the Complaint, Plaintiff’s 15-year-old son — O.F. — suffers from brain injury, cerebral palsy, and seizure disorder. His impairments have significantly affected his educational abilities and performance. He is non-verbal and non-ambulatory and he requires a high degree of individualized attention and intervention in the classroom. (Id. 7)As the result of a due process complaint filed for the 2017-18 school year, a hearing officer concluded that Defendant New York City Department of Education (“DOE”) had not provided O.F. with a free and appropriate public education. The hearing officer awarded Plaintiff tuition reimbursement at the International Academy of Hope (“Hope Academy”) for the 2017-18 school year. (Id. 10) DOE did not appeal that determination. (Id.; see also Liu Decl.

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