B.M. v. Pleasantville Union Free School District
- Kenneth Karas
- 7:20-cv-02192-KMK
- U.S. District Court · Southern District of New York
- 1
In B.M. v. Pleasantville Union Free School District, Judge Karas ordered the parties to submit the complete administrative record by April 23, 2021.
B.M. and T.M., on behalf of their minor child, and Pleasantville Union Free School District were required to provide the complete administrative record to the court.
What happened
B.M. and T.M., acting for their minor child, sued Pleasantville Union Free School District under the Individuals with Disabilities Education Act. They attached decisions from a state review officer and an independent hearing officer, but neither side gave the court the underlying administrative record.
The court explained that it must independently review that record and decide the case based on the greater weight of the evidence when considering a summary judgment motion in an Individuals with Disabilities Education Act case.
Judge Kenneth M. Karas ordered the parties to provide the complete administrative record by April 23, 2021. The order did not decide the merits of the dispute or rule on the summary judgment motion.
The detailed version
- B.M. v. Pleasantville Union Free School District · No. 7:20-cv-02192-KMK
- Kenneth Karas
- Apr. 14, 2021
Background
B.M. and T.M. brought the case on behalf of their minor child against Pleasantville Union Free School District under the Individuals with Disabilities Education Act, a federal law concerning education for children with disabilities. The opinion addresses the materials needed for the court to resolve a summary judgment motion.
The plaintiffs attached to their complaint the final decision of the New York State Review Officer and the earlier decision of the Independent Hearing Officer. Neither party provided the underlying administrative record on which those decisions were based.
Court’s Order
The court stated that, when resolving a summary judgment motion in an Individuals with Disabilities Education Act case, it must independently review the administrative record and decide the matter based on a preponderance of the evidence, meaning the greater weight of the evidence.
Judge Kenneth M. Karas instructed both parties to provide the court with the complete administrative record no later than Friday, April 23, 2021. The opinion does not state that the court granted or denied summary judgment, and it does not decide the underlying dispute.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.