Carmel Central School District v. V.P

Full title: CARMEL CENTRAL SCHOOL DISTRICT, Plaintiff, v. V.P., a student with a…

Court: United States District Court, S.D. New York

Date published: Jun 17, 2005

No. 04 Civ. 3320 (CM)(LMS) (S.D.N.Y. Jun. 17, 2005)

Opinion

No. 04 Civ. 3320 (CM)(LMS).

June 17, 2005

JUDGMENT

COLLEEN McMAHON, District Judge

This action having come before the Honorable Colleen McMahon, United States District Judge, presiding, and the issues having been duly heard and decided by Decision and Order granting plaintiff's motion for summary judgment and denying defendants' cross-motion for summary judgment, dated June 9, 2005, it is hereby ORDERED AND ADJUDGED:

1. Defendants are ineligible for IDEA services, including tuition reimbursement, as a matter of law.

2. In the alternative, defendant parents are not entitled to tuition reimbursement because they have not established that equitable considerations balance in favor of an award of tuition reimbursement.

SO ORDERED.