M.S., on Behalf of S.S. His Minor Child v. Board of Education of the City School District of the City of Yonkers

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that district court “inappropriately substituted its own subjective judgment about what are appropriate measures for educational progress” where the court considered, inter alia, student’s father’s testimony that student was happier and read more while at private placement
• stating that once it is determined that an IEP is inappropriate, the parents bear the burden of proving that their selection of the private school is appropriate
• stating that mainstreaming \remains a consideration\ but noting that parents \may not be subject to the same mainstreaming requirements\
• stating that once it is determined that an IEP is inappropriate, the burden shifts to the parents to prove that their selection of a private school program is appropriate
• reversing a district court that “did not afford appropriate deference” to the SRO’s finding that a private placement was not appropriate
• reversing district court’s award of tuition to student’s parents where SRO refused tuition on the grounds that the private placement was too restrictive

Source: CourtListener parenthetical corpus (CC0).