Arelis Araujo v. New York City Department Of Education

Background

A prior order awarded the plaintiffs $7,500 in transportation costs. The defendant then moved for reconsideration, asking the court to revisit that award.

Legal standard

The court explained that reconsideration is an extraordinary remedy. It is generally available only when there has been a controlling change in the law, new evidence has become available, or the court needs to correct a clear error or prevent serious unfairness. Reconsideration is not a way to reargue issues, present new theories, or obtain a second hearing on the merits. The court also stated that it generally will not consider arguments or evidence that the moving party could have presented before the earlier decision.

Transportation rate and amount

The court found that an earlier directive for the 2021–22 school year required transportation reimbursement to be calculated using the lower of the Medicaid rate or a fair-market rate shown to the district’s Implementation Unit. Applying that directive, the court determined that the proper rate for W.R.’s transportation was the Medicaid rate of $21.69 per trip. For the 20 trips for which reimbursement was sought, the total was $433.80.

Declaration issue

The defendant also argued that the Ramos declaration was not based on personal knowledge. The court declined to reconsider its earlier conclusion on that issue because the defendant had already raised the argument in a September 22, 2023, letter motion. The court further stated that the plaintiffs’ March 12, 2024, declaration was based on documentary evidence submitted as exhibits and provided a sufficient basis for determining the days W.R. used transportation services.

Ruling

Judge Lorna G. Schofield ordered that the defendant’s motion for reconsideration was granted in part and denied in part. The defendant was ordered to process payment of $433.80 to the plaintiffs by March 29, 2024. The Clerk of Court was directed to close the motion at Docket 146.