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VENTURA DE PAULINO v. NEW YORK CITY DEPT. OF EDUC.

No. 19-1662-cv August Term 2019 No. 19-1813-cv.

959 F.3d 519 (2020)

Rosa Elba VENTURA DE PAULINO, Individually and as p/n/g of R.P., Plaintiff-Appellant, v. NEW YORK CITY DEPARTMENT OF EDUCATION and New York State Education Department Defendants-Appellees, Robert Brigilio, Defendant. Maria Navarro Carrillo, as Parent and Natural Guardian of M.G. and Individually; Jose Garzon, as Parent and Natural Guardian of M.G. and Individually, Plaintiffs-Appellees, v. New York City Department of Education, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: May 18, 2020.

Attorney(s) appearing for the Case

Karl J. Ashanti ( Peter G. Albert , on the brief), Brain Injury Rights Group, Ltd., New York, NY, for Plaintiff-Appellant in Ventura de Paulino , and Karl J. Ashanti ( Peter G. Albert , on the brief), Brain Injury Rights Group, Ltd., New York, NY, for Plaintiffs-Appellees in Navarro Carrillo.

Eric Lee , Assistant Corporation Counsel ( Richard Dearing and Scott Shorr , on the brief), for James E. Johnson , Corporation Counsel of the City of New York, New York, NY, for City Defendant-Appellee in Ventura de Paulino , and Eric Lee , Assistant Corporation Counsel ( Richard Dearing and Scott Shorr , on the brief), for James E. Johnson , Corporation Counsel of the City of New York, New York, NY, for Defendant-Appellant in Navarro Carrillo.

Blair J. Greenwald , Assistant Solicitor General ( Barbara D. Underwood , Solicitor General, and Steven C. Wu , Deputy Solicitor General, on the brief), for Letitia James , Attorney General, State of New York, New York, NY, for State Defendant-Appellee in Ventura de Paulino.

Before: Leval, Cabranes, and Sack, Circuit Judges.

The plaintiffs in these tandem cases, parents of students with disabilities ("Parents"), chose to withdraw their children ("Students") from one private school and to enroll them in a new private school. Shortly after, the Parents initiated administrative proceedings to challenge the adequacy of the Students...

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