Arelis Araujo v. New York City Department Of Education

Background

An earlier order dated August 9, 2023, granted in part and denied in part both sides’ motions for summary judgment. That order directed the Plaintiffs to submit a letter requesting payment of the transportation expenses to which they were entitled, along with supporting documentation.

The Plaintiffs requested $7,500 for W.R.’s transportation between W.R.’s home and iBrain from May 15, 2022, through June 30, 2022. Cynthia Ramos, W.R.’s mother, stated that W.R. was transported on four dates in May 2022 and six dates in June 2022. Plaintiffs submitted an agreement with Sister’s Travel and Transportation Services showing a cost of $375 per trip, or $750 for a round trip. The Department opposed reimbursement, arguing that the transportation dates were not supported by sufficient evidence and that the rate was unreasonable. It argued that any reimbursement should use the lower of the Medicaid rate or a fair-market rate.

Additional Evidence

A March 5, 2024, order found that Ramos’s initial declaration alone was insufficient to support the transportation-cost award. The court permitted Plaintiffs to submit a further declaration explaining how Ramos identified the dates and to provide additional supporting records.

On March 12, 2024, Plaintiffs submitted another declaration and exhibits. The exhibits included W.R.’s iBrain attendance record for the 2021–22 school year and occupational-therapy and speech-language-therapy notes showing that W.R. attended iBrain in person on the dates identified in the original declaration. Although Plaintiffs could not obtain records from Sister’s, the court found the submitted records persuasive evidence that Sister’s transported W.R. on those dates.

Ruling

Judge Lorna G. Schofield found that transportation costs approximating $375 per trip had previously been determined reasonable by impartial hearing officers and concluded that $375 was a reasonable market rate here. The court granted Plaintiffs’ request for an award of transportation costs and ordered the Department to process payment of $7,500 to Plaintiffs by March 29, 2024. The Clerk of Court was directed to terminate the case.