Mayerson and Associates » Uncategorized

Our Second Circuit decision in C.F. v. NYCDOE is poised to protect many students and their families

Gary Mayerson — Wed, 12 Mar 2014 03:47:03 +0000

On March 4, 2014, in C.F. v. NYCDOE, No. 11-5003-CV 2014 U.S. App. LEXIS 4085 (2d Cir. March 4, 2014), the Second Circuit reversed the federal district court and the SRO to restore a hearing officer’s order that had held that the student was entitled to be awarded significant tuition relief to the not-for-profit McCarton School. The Second Circuit held that C.F. had been denied a FAPE by the NYCDOE because (a) C.F.’s IEP made no provision for parent training; (b) despite C.F.’s need for a one-to-one ratio classroom, C.F. was recommended for the NYCDOE’s 6:1:1 classroom; and (c) despite C.F.’s interfering behaviors, the offered behavior plan was “vague” and otherwise not appropriate because the NYCDOE failed to correlate and match C.F.’s individual behaviors with the individual strategies needed to address such behavior(s). Significantly, the Second Circuit also ruled that the pleading/waiver rule was not to be “mechanically” applied, inasmuch as the IDEA statute does not specify any “formulaic” manner of pleading. Finally, the Second Circuit reiterated that “on appellate review, we disregard the retrospective testimony improperly relied upon by the SRO and the district court.” We anticipate that the protective impact of the decision in C.F. will be quite substantial.

Randy Richardson and his catch of the day

admin — Sun, 16 Feb 2014 04:21:02 +0000

Office Fishing Trip

admin — Sun, 16 Feb 2014 04:20:33 +0000

While the remains of Avonte Oquendo have finally been located and laid to rest, the dangerous conditions that caused Avonte’s death have not yet been resolved

admin — Fri, 31 Jan 2014 06:15:49 +0000

Unfortunately, our existing caseload at Mayerson & Associates demonstrates that the security-lapse situation that Avonte confronted in his school building hardly was an anomaly. Incredibly, in the past two years, we have encountered at least four serious security lapse scenarios.

By way of example, months before Avonte went missing, we brought an impartial hearing on behalf of one of our other client families. The claims that we asserted in this other matter included a claim that the child’s mother had rejected the NYCDOE’s offered school placement because her son had a history of wandering and would be unsafe in a building with unguarded and unalarmed side doors i.e. the very same situation that allowed Avonte to walk out of his school building. Ironically, the NYCDOE’s offered school placement was located just blocks from Avonte’s school. This other family prevailed at their impartial hearing, and that win is now being appealed by the NYCDOE.

We are hopeful that schools Chancellor Carmen Fariña will collaborate with Police Commissioner Bratton to (a) identify and remediate the numerous security lapses that allowed a non-verbal teenager with autism to walk out of his public school and (b) provide the ongoing staff training that is essential to prevent the next elopement disaster. We also vigorously support the passage of “Avonte’s Law,” a legislative initiative being introduced by Senator Chuck Schumer and supported by Autism Speaks that, on a strictly voluntary basis, would fund the provision of GPS tracking technology for affected families.