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M.W. EX REL. S.W. v. NEW YORK CITY DEPT. OF EDUC.

Docket No. 12-2720-cv.

725 F.3d 131 (2013)

M.W., by his Parents, S.W. and E.W., Plaintiffs-Appellants, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 29, 2013.

Attorney(s) appearing for the Case

Gary S. Mayerson (Tracey Spencer Walsh, Maria C. McGinley, on the brief), Mayerson & Associates, New York, NY, for Plaintiffs-Appellants.

Suzanne K. Colt, (Pamela Seider Dolgow, John Buhta, Gail Eckstein, G. Christopher Harris, on the brief), for Michael A. Cardozo, Corporation Counsel of the City of New York, New York City Law Department, New York, NY, for Defendant-Appellee.

Before: WALKER, WESLEY, DRONEY, Circuit Judges.

WESLEY, Circuit Judge:

S.W. ("Dad") and E.W. ("Mom") enrolled M.W., their autistic child, in a private school after concluding that the New York City Department of Education's ("DOE") individualized education program failed to provide him with a free and appropriate public education as required by the Individuals with Disabilities Education Improvement Act ("IDEA"), 20 U.S.C. §§ 1400 et seq. Subsequently...

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