Collado v. New York City Department Of Education

Background

Lisa Collado sued the New York City Department of Education on her own behalf and as parent and natural guardian of C.M. She sought a preliminary injunction—an order issued before final judgment—requiring the Department of Education to fund C.M.’s stay-put, or “pendency,” placement at the International Institute for the Brain (iBRAIN) for the 2018–2019 school year.

C.M. is a nine-year-old student with global developmental impairments resulting from an acquired brain injury. Under the Individuals with Disabilities Education Act, school districts must make a free appropriate public education available to children with disabilities and create an individualized education program for each child. During a dispute over an individualized education program, the Act’s stay-put provision generally requires the child to remain in the then-current educational placement while the dispute is resolved.

For the 2016–2017 school year, the Department of Education agreed to fund C.M.’s placement at iHOPE. C.M. attended iHOPE during the 2017–2018 school year. After an administrative dispute about that school year, a state review officer ruled on May 8, 2019, that iHOPE was an appropriate placement and ordered tuition reimbursement. The Department of Education then conceded that iHOPE was C.M.’s stay-put placement.

For the 2018–2019 school year, Collado notified the Department of Education that C.M. would attend iBRAIN if the Department did not recommend an appropriate placement. C.M. began attending iBRAIN, and Collado sought an administrative order requiring the Department to fund iBRAIN during the dispute. The administrative proceedings did not establish iBRAIN as C.M.’s stay-put placement.

Arguments and governing law

Collado argued that iBRAIN qualified for stay-put funding because its educational program was substantially similar to the program C.M. received at iHOPE. She also argued that iBRAIN was C.M.’s “operative placement” because C.M. was enrolled there when the administrative proceedings began.

The court applied the Second Circuit’s decision in Ventura de Paulino v. New York City Department of Education. That decision rejected both the substantial-similarity and operative-placement arguments and held that parents who unilaterally enroll a child in a new private school while challenging an individualized education program do not thereby obtain public funding for the new school during the dispute. The court stated that Collado enrolled C.M. at iBRAIN at her own financial risk.

Ruling

The court DENIED Plaintiffs’ motion for a preliminary injunction ordering the Department of Education to fund C.M.’s placement at iBRAIN for the 2018–2019 school year.

The court also concluded that the action should be dismissed as a matter of law. It held that the stay-put provision does not allow parents to obtain public funding for a unilateral decision to enroll a child in a new private school, so Plaintiffs failed to state a claim under the federal education law. Because the federal claim failed, the court held that it lacked subject-matter jurisdiction—the legal authority to hear—the related claims under New York Education Law.

The conclusion states that the court DENIES Plaintiffs’ request for a preliminary injunction and DISMISSES this action. It also directs the Clerk of Court to close the case. Alison J. Nathan issued the order.