E.M. v. New York City Department of Education
Court of Appeals for the Second Circuit
1Opinion of the Court
SUSAN L. CARNEY, Circuit Judge:
Plaintiff E.M. is a mother with limited financial means who is raising a severely disabled child in New York City. In 2008, E.M. unilaterally withdrew her daughter, N.M., from public school and enrolled her in a private learning center, asserting that the New York City Department of Education (the “Department”) failed to provide N.M. with the free appropriate public education that is required by the Individuals with Disabilities Education Act, 20 U.S.C. § 1400, et seq. (“IDEA”).1 Although E.M. has not paid — and is likely unable to pay out-of-pocket — any…
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