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BOARD OF EDUC. OF YORKTOWN CENT. SCH. v. C.S.

Docket No. 19-270 August Term, 2019.

990 F.3d 152 (2021)

BOARD OF EDUCATION OF the YORKTOWN CENTRAL SCHOOL DISTRICT, Plaintiff-Counter-Defendant-Appellant, v. C.S., Individually and on Behalf of M.S., a Minor, S.S., Individually and on Behalf of M.S., a Minor, Defendants-Counter-Claimants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: March 3, 2021.

Attorney(s) appearing for the Case

Mark Craig Rushfield , Shaw, Perelson, May & Lambert, LLP, Poughkeepsie, NY, for Board of Education of the Yorktown Central School District.

Jason Sterne ( Kerry Margaret McGrath , Cuddy Law Firm, P.L.L.C., Valhalla, NY, on the brief), Sterne & Walsh, Rochester, NY, for C.S. and S.S.

Andrew A. Feinstein, Esq. , Mystic, CT ( Ellen Saideman, Esq. , Barrington, RI, on the brief), for Amicus Curiae Council of Parent Attorneys and Advocates, Inc.

James Arden , Hilary R. Hoffman , and Graham L. Travaglini , Sidley Austin LLP, New York, NY, for Amici Curiae Mobilization for Justice, Inc., The Legal Aid Society, Advocates for Children of New York, Legal Services NYC, Brooklyn Defender Services, New York Legal Assistance Group, and New York Lawyers for the Public Interest.

Before: Jacobs, Carney, and Park, Circuit Judges.

This Individuals with Disabilities Education Act ("IDEA" or the "Act") case presents the question whether a school district can unilaterally amend an individualized education program ("IEP") during the thirty-day "resolution period" that follows a parent's filing of a due process complaint. The first IEP that the school district...

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