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STATE’S RULING SCHOOL DISTRICT VIOLATED INDIVIDUALS WITH DISABILITIES ACT NOT FINAL, ARTICLE 78 PROCEEDING CHALLENGING RULING PROPERLY DISMISSED.

The Court of Appeals determined the petitioner school district could not bring an Article 78 proceeding to challenge the state’s finding that the district’s dispute resolution practices for placing students with disabilities violated federal (Individuals with Disabilities Education Act [IDEA]) and state law because the state’s decision was not final:

In 2012, the State found that the District’s dispute resolution practices violated federal and state law and directed the District to take corrective action. Although the State informed the District that failure to comply could result in further enforcement actions, including withholding federal funds, the State did not make a final decision to withhold funds.

A proceeding under CPLR article 78 “shall not be used to challenge a determination which is not final or can be adequately reviewed by appeal to a court or to some other body or officer” … . Likewise, this Court has recognized that “[t]o challenge an administrative determination, the agency action must be final and binding upon the petitioner” … . In addition, in the absence of injury, there is no standing to bring an article 78 proceeding … .

Assuming, without deciding, that a school district may bring an article 78 proceeding to challenge a final determination by the State under the IDEA, here, the State has not made a final determination, the District has not shown that it has exhausted its administrative remedies, and the District is unable to articulate any actual, concrete injury that it has suffered at this juncture. Accordingly, the District’s petition was properly dismissed. Matter of East Ramapo Cent. Sch. Dist. v King, 2017 NY Slip Op 02360, CtApp 3-28-17

 

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