Falchenberg v. New York State Department of Education

AMENDED OPINION

SWEET, District Judge.

I. INTRODUCTION

Defendant National Evaluation Systems, Inc., a business of NCS Pearson, Inc. (“NES”), the State of New York (the “State”) and New York State Education Department (“SED”) (s/h/a New York State Department of Education) (State of New York and SED, collectively, “State Defendants”) (NES and State Defendants, collectively, “Defendants”) have moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure against plaintiff Marsha Falchenberg (“Falchenberg” or the “Plaintiff’).

Falchenberg has cross-moved under the same rule…