408 F. App'x 411
2d Cir.2010Background
- Strecks appeal a district court order awarding $8,640 in equitable relief under IDEA based on an SRO award denying most Landmark College costs.
- SRO award limited reimbursement to costs specifically associated with Landmark reading program; district court found only three of nine Landmark courses part of the reading program.
- Court determines the SRO award should include five of nine courses; base tuition becomes $18,889 (34,000 x 5/9).
- Scholarships reduced the reimbursement to $11,900 (63% of $18,889).
- Room, board, and miscellaneous fees excluded; laptop and reading software costs included as tied to the reading program.
- District court awarded interest and contemplated an ESCROW for two additional years of compensatory education; fees and travel not awarded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of the SRO award for Landmark tuition | Strecks contend five courses are within the reading program. | Greenbush argues only certain courses fit the reading program. | SRO award should include five courses; base tuition = $18,889. |
| Calculation of reimbursement after scholarships | Reimbursement should reflect actual program costs after scholarships. | Scholarships reduce reimbursable amount pro rata as in district court. | Scholarship-adjusted tuition = $11,900. |
| Inclusion of laptop and software costs | Laptop/software are essential to the reading program and should be reimbursed. | Only program-related costs explicitly tied to reading are reimbursable. | Laptop and software included; amount = $2,125. |
| Interest on awards and timing | Interest should accrue from actual payment dates for incurred expenses. | Interest follows standard FED calculation from district court decision date. | Interest calculated from actual payment dates; if unknown, from SRO award date. |
| Compensatory education funding mechanism | Compensatory education must be provided; funding should be secured upfront. | ESCROW mechanism not specified; timing and funding to be determined by court. | ESCROW account created for two additional years; amount set at $37,778; funds disbursed against receipts. |
| Attorneys’ fees and costs | Prevailing party entitled to reasonable fees and costs under IDEA. | Fees to be determined by lodestar method and local rates. | Prevailing party entitled to reasonable fees and costs; lodestar method applied. |
Key Cases Cited
- Burr v. Ambach, 863 F.2d 1071 (2d Cir. 1988) (compensatory education remedies and equity under IDEA)
- Somoza v. N.Y.C. Dep’t of Educ., 538 F.3d 106 (2d Cir. 2008) (prevailing party entitled to fees and costs under IDEA)
- A.R. v. N.Y.C. Dep’t of Educ., 407 F.3d 65 (2d Cir. 2005) (lodestar method for attorneys’ fees in IDEA actions)
- ReliaStar Life Ins. Co. of N.Y. v. Home Depot U.S.A., Inc., 570 F.3d 513 (2d Cir. 2009) (interpretation of contract terms is a question of law)
- Cent. States S.E. & S.W. Areas Health & Welfare Fund v. Merck-Medco Managed Care, L.L.C., 504 F.3d 229 (2d Cir. 2007) (interpretation of settlement agreement terms)