R.G. v. New York City Department Of Education
- John Cronan
- 1:18-cv-12119
- U.S. District Court · Southern District of New York
- 2
In R.G. v. New York City Department of Education, Judge Cronan granted summary judgment to the Department and closed the case.
R.G. and E.G., and the New York City Department of Education.
What happened
R.G., individually and for E.G., a child with a disability, challenged a state review officer’s decision rejecting a claim that the New York City Department of Education denied E.G. a free appropriate public education. R.G. also sought reimbursement for private-school tuition.
The parties filed competing requests for summary judgment. A magistrate judge recommended granting the Department’s request, denying R.G.’s request, upholding the state officer’s decision, and closing the case. Neither party objected to that recommendation by the deadline.
Judge John P. Cronan reviewed the recommendation and adopted it in full. He granted the Department’s motion for summary judgment, denied R.G.’s motion for summary judgment, terminated the pending motions, and closed the case.
The detailed version
- R.G. v. New York City Department Of Education · No. 1:18-cv-12119
- John Cronan
- Feb. 11, 2022
Background
R.G., individually and on behalf of E.G., a child with a disability, sued the New York City Department of Education under the Individuals with Disabilities Education Act. R.G. claimed that the Department denied E.G. a free appropriate public education and sought to annul the state review officer’s decision and obtain reimbursement for private-school tuition.
R.G. first presented the claim to an impartial hearing officer, who denied it on June 22, 2018. R.G. appealed to a state review officer, who also denied the claim on October 7, 2018. In federal court, both sides moved for summary judgment, which asks the court to decide the case based on the record when there is no genuine dispute requiring a trial.
Report and Recommendation
Magistrate Judge Robert W. Lehrburger recommended granting the Department’s motion for summary judgment, denying R.G.’s motion, upholding the state review officer’s decision, and closing the case. The parties did not file objections within the fourteen-day period stated in the recommendation. The court therefore stated that the parties waived their right to object and to obtain appellate review. Even so, the court conducted its own fresh review of the recommendation.
Ruling
Judge John P. Cronan found the recommendation well reasoned and adopted it in its entirety. The court granted the Department’s motion for summary judgment and denied R.G.’s motion for summary judgment. The Clerk was directed to terminate all pending motions and close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.