Docket No. 12-2720-cv.

725 F.3d 131 (2013)

M.W., by his Parents, S.W. and E.W., Plaintiffs-Appellants, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 29, 2013.

Attorney(s) appearing for the Case

Gary S. Mayerson ( Tracey Spencer Walsh , Maria C. McGinley , on the brief), Mayerson & Associates, New York, NY, for Plaintiffs-Appellants.

Suzanne K. Colt , ( Pamela Seider Dolgow , John Buhta , Gail Eckstein , G. Christopher Harris , on the brief), for Michael A. Cardozo, Corporation Counsel of the City of New York, New York City Law Department, New York, NY, for Defendant-Appellee.

Before: WALKER, WESLEY, DRONEY, Circuit Judges.

WESLEY, Circuit Judge:

S.W. ("Dad") and E.W. ("Mom") enrolled M.W., their autistic child, in a private school after concluding that the New York City Department of Education's ("DOE") individualized education program failed to provide him with a free and appropriate public education as required by the Individuals with Disabilities Education Improvement Act ("IDEA"), 20 U.S.C. §§ 1400 et seq. Subsequently...

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