State & Federal Appeals

Special Education Law NYC Mayerson & Associates

State & Federal Appeals

The firm and its core litigation team of six attorneys are considered by many to be the premier, go-to firm for high-stakes and high-profile matters, as well as any case likely to be appealed to a federal court. Mayerson & Associates represented the plaintiffs in the landmark federal “bullying” case of T.K. v. New York City Department of Education (2nd Cir. 1/20/16). The firm also represented the plaintiffs in R.E. v. New York City Department of Education, 694 F.3d 167 (2d Cir. 2012), R.K. v. New York City Dep’t of Education, 694 F. 3d 167 (2d Cir. 2012); P.K. v. New York City Dep’t of Education, 2013 U.S. Ct. App. WL 2158587 (2nd Cir. 2013), and C.F. v. New York City Dep’t of Education, No. 11-5003-CV 2014, U.S. App. LEXIS 4085 (2nd Cir. March 4, 2014), four other extremely important IDEA-based decisions that are now helping to prevent school districts from victimizing parents at trial with unfair “bait and switch” litigation tactics.

Mayerson & Associates represented the plaintiffs in Anthony Starego, et al. v. NJSIAA, et al., (D.N.J. 2013), a groundbreaking federal case that, when settled, awarded Anthony Starego, a varsity football player with autism, an unprecedented fifth season of competitive play and “inclusion” as a placekicker for his public high school. Anthony and his team then made history by going on to win the 2013 state championship, with Anthony contributing points from two successful field goals.

The firm also represented the plaintiffs in T.M. v. Cornwall CSD, an inclusion case that had attracted the attention of the U.S. Department of Education and the Justice Department, where the Second Circuit Court of Appeals agreed that Congress’ “least restrictive environment” mandate applies to ESY (Summer) IEP programming just as it does during the regular portion of the school year and that therefore, school districts are charged with considering a genuine “continuum” of options for the extended school year.
To learn more about some of our most important cases and key decisions, click here.


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