B.M. v. Pleasantville Union Free School District

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK B.M. and T.M., on behalf of their minor child, Plaintiffs, 20-CV-2192 (KMK) -v- ORDER PLEASANTVILLE UNION FREE SCHOOL DISTRICT, Defendant.

KENNETH M. KARAS, United States District Judge: When resolving a summary judgment motion in a case brought pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., this Court “must engage in an independent review of the administrative record and make a determination based on a preponderance of the evidence.” M.H. v. N.Y.C. Dep’t of Educ., 685 F.3d 217, 240 (2d Cir. 2012) (citation and internal quotation marks omitted). Here, although Plaintiffs have attached to their Complaint both the final decision of the New York State Review Officer and the previous decision by the Independent Hearing Officer, (see Compl. Exs. 1–2 (Dkt. No. 1)), neither Party has provided the Court with the underlying administrative record on which these decisions were based. The Parties are therefore instructed to provide the Court with the complete administrative record no later than Friday, April 23, 2021.

SO ORDERED.

DATED: April 14, 2021 White Plains, New York ____________________________________ KENNETH M. KARAS UNITED STATES DISTRICT JUDGE