Mr. and Mrs. A. v. NY CITY DEPARTMENT OF EDUC.

MEMORANDUM OPINION & ORDER

PAUL G. GARDEPHE, District Judge.

This case presents the following question of first impression:

1. When a child with disabilities has been denied a free and appropriate public education; and

2. the child’s parents have enrolled the child in an appropriate private school; and

3. the equities favor an award of the costs of private school tuition; but

4. the parents, due to a lack of financial resources, have not made tuition payments but are legally obligated to do so;

does this Court’s authority under Section 1415(i)(2)(C)(iii) of the Individuals with Disabilities…