MENDEZ v. BANKS

No. 22-2663 August Term 2022.

65 F.4th 56 (2023)

Eileen MENDEZ, Individually and as Legal Guardian of A.C., Nahoko Mizuta, Individually and as Parent and Natural Guardian of Y.M., Kentaro Mizuta, Individually and as Parent and Natural Guardian of Y.M., Shannon Thomason, Individually and as Parent and Natural Guardian of E.P., Vincent Penna, Individually and as Parent and Natural Guardian of E.P., Yarely Mora, Individually and as Parent and Natural Guardian of L.N., Maylene Otero, Individually and as Parent and Natural Guardian of K.R., Plaintiffs-Appellants, v. David C. BANKS, in His Official Capacity as Chancellor of the New York City Department of Education, New York City Department of Education, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: April 12, 2023.


Attorney(s) appearing for the Case

Peter G. Albert ( Rory J. Bellantoni , Ashleigh C. Rousseau , on the brief), Brain Injury Rights Group, New York, NY, for Appellants.

Lorenzo Di Silvio ( Sylvia O. Hinds-Radix , Richard Dearing , Claude S. Platton , on the brief), New York, NY, for Appellees.

Before: Sack, Nathan, Circuit Judges, and Brown, District Judge.


Plaintiffs-Appellants, the parents and guardians of five minor students with disabilities, are challenging the adequacy of their children's individualized education programs in pending New York state administrative proceedings. Each family obtained pendency orders requiring the New York City Department of Education (DOE) to...

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