Links to selected items focusing on governmental operations posted on the Internet during the week ending November 8, 2024

$1M from Feds to Boost Broadband in Rural Loveland, Colo. Community Connect, a grants program through the U.S. Department of Agriculture, has awarded Internet service provider Loveland Pulse more than $1 million to extend broadband to residents of Big Thompson Canyon and to Viestenz-Smith Mountain Park. READ MORE

2024 Election Will Test the New Way States Appoint Presidential Electors After the Jan. 6, 2021, attack on the U.S. Capitol, Congress enacted the Electoral Count Reform Act, which mandates that states choose their electors on Election Day. This is the first election with the new law. READ MORE

4 Ways to Get Ready for AI in Transportation Read about the steps transportation agencies need to take in four areas: data, workforce, cybersecurity and collaboration. DOWNLOAD

5 Governors Want Quick Action Against Rising Electric Bills The governors of Illinois, Maryland, Delaware, New Jersey and Pennsylvania have called on an electric grid operator to take “swift action” on  record-setting electricity prices during times of high demand. READ MORE

5 Ways Secure Cloud Infrastructure Fuels Innovation Read highlights of success stories showcasing how organizations accelerate time-to-market, focus on user outcomes, increase agility, manage risks, and optimize resources. DOWNLOAD

A New Wave of Investments in Urban Downtowns Cities are pulling on a variety of tools to remake post-pandemic downtowns as multipurpose neighborhoods. READ MORE

Accelerating the Public Sector's Zero Trust Journey This eBook provides a comprehensive roadmap for building a Zero Trust architecture, offering key principles, real-world use cases, and practical steps for implementation to enhance security and business agility. DOWNLOAD

Are You Ready for Copilot? Learn how Copilot for Microsoft 365 can help your organization reimagine workflows and processes. GET THE READINESS ADOPTION GUIDE

Aurora, Ill., Considers Consultant to Develop AI Policy Aldermen are set to vote next week on hiring an expert to help create a strategy on the use of generative artificial intelligence. The Finance Committee recently recommended hiring International Data Corp. to consult on a GenAI road map. READ MORE

Build Your State and Local Government AI Roadmap Learn how to develop a step-by-step AI adoption roadmap to help your organization achieve its goals. DOWNLOAD THE ROADMAP

Calhoun County, S.C., Moves to Improve Network Security County Council members have unanimously approved a contract with Verinext to offer managed service on top of existing security protocols. The action follows the recommendation of an audit last year to upgrade the cybersecurity network. A federal grant may pay roughly half the cost. READ MORE

California High Schoolers Create AI Fact-Checking Tool  An advanced computer science course at Amador Valley High School in California gives students hands-on experience with emerging technologies. One project challenged them to create an AI-powered fact-checker. READ MORE

Can Michigan’s Thermal Cameras Curb Costly Bus Collisions? As Michigan invests in thermal cameras to reduce bus collisions, a Government Technology analysis reveals the extent to which low light and adverse weather may contribute to these incidents. READ MORE

China’s Very Real Cyber Threat to Our Critical Infrastructure If it moves on Taiwan, it’s likely that China would try to distract the United States by attacking our water, power and communications systems. It’s already demonstrated those capabilities here, and we need to be better prepared. READ MORE

Cloverleaf AI Raises $2.8M to Help Gov Tech Suppliers The company’s platform is designed to give vendors early insights into RFPs and other public business via analysis of government meetings. The company’s CEO says Cloverleaf has big plans for 2025. READ MORE

Cyber Trends: Keep an Eye on Critical Infrastructure Sectors Significant cyber events from the year, like the CrowdStrike incident, tell us which critical infrastructure sectors are most at risk. What are governments doing to prepare for the new year? READ MORE 

Dark Money Group Funds Misleading Election Ads Across New York Vote NO on Prop One, a shadow group registered as a ballot issue committee against New York state’s Proposition 1, has spent nearly $5 million on misinformation ads for radio, television and streaming services. READ MORE

Digital Cities 2024: Advancing Responsible AI and Customer-Focused Innovation Winning cities in the 2024 Digital Cities Survey are not only modernizing their IT infrastructure — they're investing in digital equity programs, upgrading resident-facing services and prioritizing data security. READ MORE

Ensure Equitable Social and Economic Outcomes for Everyone in Your Community Bolster the conditions that advance upward mobility and racial equity. EXPLORE STRATEGIES

Flock Safety Puts Its Tools to Use Against Sideshows The supplier of public safety tech wants to help police crack down on the illegal automotive stunts, which have resulted in deaths and injuries. The new tool also provides real-time law enforcement alerts. READ MORE

Food and Agriculture Sector Eyes Cybersecurity Threats The director of the sector’s ISAC spoke recently about ransomware and other threats. Plus, a tabletop exercise revealed ways to improve public and private response to a major attack on the sector. READ MORE

For Dallas City Hall, a ‘Wake-Up Call’ from Election Results Local officials are sorting out the impacts from the approval of 16 propositions. Voters rejected salary increases for councilmembers, tightened term limits and streamlined pathways to sue officials. READ MORE

From Cybersecurity to Smart Tech: Insights for Event-Ready Cities Is your city prepared to manage cybersecurity risks for large-scale events? As the world turns its focus to the 2026 World Cup, local governments hosting or supporting big gatherings face heightened security demands. DOWNLOAD

Georgetown University’s Beeck Center Launches Tech Fellowship The Washington, D.C., nonprofit has introduced an Innovation and Incubation Fellowship to drive technology work that enhances accessibility and equity in government services. Its first fellow hails from the U.S. Digital Service. READ MORE

Gov Tech Biz Quarterly Roundup: Q3 2024 With Jeff Cook Market expert Jeff Cook is noting steady activity as the gov tech market looks toward a possible busy period to start 2025. Notable moves included Cloudpermit, Motorola Solutions, Granicus and Schneider Geospatial. READ MORE

Government Implications from the ISC2 2024 Cyber Workforce Study ISC2 just released their 2024 cyber workforce report, and the key findings are eye-opening for public-sector employees. Here’s what you need to know. READ MORE

Help Communities Become Hubs of Economic Opportunity Opportunity-rich and inclusive communities are central to supporting families’ stability, access to social and economic opportunities, and children's chances to succeed. LEARN HOW

HIPAA Not ‘Strong Enough’ for Health Care’s Cybersecurity Needs  As ransomware and other cyber attacks hit the health-care sector, organizations need to follow stronger security guidance, panelists said during a recent webinar. READ MORE

How a Small Government Team Efficiently Manages Grants for Big Impact Discover how Cache County, Utah, streamlined its grants management process using a specialized platform. DOWNLOAD

How Can You Use Copilot in Government? Learn how Microsoft Copilot can help transform government processes, streamline operations, and improve citizen services. ACCESS THE SCENARIO LIBRARY

How Have Pittsburgh Schools Been Teaching About Tomorrow’s Election? Amid an especially tense and unprecedented cycle, Pittsburgh schools are using the election as a way to energize students about civics education. READ MORE

How Sugar Land Became the Test City for Flying Taxis The Texas city has just 4 percent of land left to develop, making future development above ground more appealing. The city is considering air taxis, Uber-like gondolas and other aerial solutions to further develop microtransit. READ MORE

How Will Generative AI Change Cybersecurity Teams? A global study finds almost half of government cybersecurity professionals expect generative AI to end the need for certain cyber skills or cyber roles. READ MORE 

Imagine How AI Can Empower Your Organization AI has the potential to revolutionize how governments interact with citizens and how the public workforce addresses society’s challenges. Learn how. START THE LEARNING PATH

In 2024, the Powerful Potential of AI Took Hold The transformative power of AI was embraced by many state and local governments this year. Dedicated AI leadership positions and task forces have emerged to guide responsible use. READ MORE

Is Your Team Ready for an AI Powered Workplace? Whether you are an organizational leader or an IT professional, M365 Copilot can help increase productivity. Discover free trainings to answer your top questions on how to use generative AI in your role. REGISTER TODAY

IT Leaders Level Up IT Service Management Public Sector IT leaders are leveraging no-code automation from TeamDynamix to improve IT service desk outcomes. READ MORE

Las Vegas Police Use of Encrypted App Causes Transparency Concern Some Metropolitan Police officers use Signal, a communication app known for its end-to-end encryption and disappearing messages, which raised concerns about whether the department is in compliance with the state’s public records law. READ MORE

Miami IT Leader Is Out, Veteran City Exec Named Interim CIO The departed CIO is a career technologist who has led IT at county and city levels. His replacement has more than 22 years’ experience with Miami, most recently in managing Oracle enterprise resource planning work. READ MORE

Modernizing IT Service in the Public Sector Public Sector IT leaders are using no-code ITSM from TeamDynamix to reduce time spent on manual tasks. LEARN MORE

Opinions Mixed on Data Center Campus in Stillwater, Okla. The City Council heard testimony for and against the project Monday ahead of a final vote on whether OG&E can power the planned center. Actions on an accompanying development agreement plan and tax incentive pact were continued to Dec. 2. READ MORE

Pennsylvania Launches Grant Search Tool for Funding Seekers Information about grants was previously scattered across numerous agency websites, making it difficult for applicants to know what programs are available, whether they qualify, and how to apply. READ MORE

Prepare Your Organization for Microsoft 365 Copilot GCC M365 Copilot GCC has the power to enhance productivity for government entities. Prepare for general availability with adoption resources. GET ADOPTION RESOURCES

Public Pensions and a Chance to Damp Down the ESG Wars After a decade of increasing popularity among endowment funds and pensions, its use in investment decisions is coming under increasing political attack. Financial analysts — and perhaps AI — may be able to point the way to a safer middle ground. READ MORE

State and Local Govts Boost Accessibility in Digital Services This year, local and state governments increased access to digital services for people with disabilities, in part due to a new ruling from the DOJ. READ MORE

Texas Hospitals Will Now Ask Patients About Citizenship Status Under a new executive order by Gov. Greg Abbott, hospitals that participate in Medicaid or the Children’s Health Insurance Program will be required to ask patients to reveal their citizenship status. READ MORE

The Case for Cooperative Procurement Arizona's Cooperative Purchasing Program serves more than 1,000 agencies and nonprofits across the U.S. This paper explains how the state used a "source to pay" model to drive value, boost efficiency and grow its supplier base. DOWNLOAD

The Minnesota Model for Getting Unemployment Insurance Right Like some of its Midwestern and Northwestern neighbors, it put the program on a solid fiscal foundation. California and New York show the consequences of failing. READ MORE

The Nation's Leading Legislative Election Forecaster Is 25 Years Old Chaz Nuttycombe started making election predictions as a kid. He's turned the pursuit into a business that pros rely on. READ MORE

The Untold Story of Connecting Rural America See how dedicated broadband crews face and conquer the challenges of bringing internet access to rural America. Stream “Every Last Mile” now at EveryLastMile.film. WATCH NOW

The Value of Microsoft 365 Copilot Copilot for Microsoft 365 can transform government organizations by making them more efficient, secure, and adaptable. DOWNLOAD THE FORRESTER REPORT

Three Steps for Getting Started with AI Chatbots Real-world government examples show how AI chatbots can transform service delivery for constituents and improve efficiency for public sector employees. DOWNLOAD

To Be Cyber Resilient, Put Critical Infrastructure First Cybersecurity is around-the-clock work, but panelists at the Southern Florida Digital Government Summit offered several ideas for keeping operations secure. Generative artificial intelligence, one official said, is moving humans away from operations. READ MORE

Transit Turns to Camera Enforcement to Keep Bus Lanes Clear Transit pilot projects in Los Angeles and Chicago are deploying camera technology to identify vehicles blocking bus lanes and issue citations. The programs are designed to make the services more efficient. READ MORE

Transit, Micromobility Make It Easier for Voters to Turn Out Transportation systems around the country will be fare-free on Election Day, removing a potential barrier to voting. One company has also done a vehicle wrap to encourage the more tech-savvy to register. READ MORE

Translation Tech Expands Voter Access in Georgia County A new language translation solution in Athens-Clarke County, Ga., aims to expand voter access and turnout by residents with limited English proficiency. Ensuring everyone can participate is vital, the county elections director said. READ MORE

Virginia Modernizes Websites, Advises Others: ‘Start Today’ The Virginia Information Technologies Agency is spearheading work to improve the accessibility and usability of state sites. It is providing oversight, tools and resources to other agencies to update their online presence. READ MORE

W.Va. Senator Confronted Opponents to Deliver School Vouchers Driven by personal experience and an inclusive vision, Patricia Rucker is leading the campaign for universal school choice across her state. An advocate for comprehensive legislation, she supports a range of educational options. READ MORE

Walmart to Test Autonomous Drone Delivery in Princeton, Texas The company will field test its fully autonomous drone delivery service in the city, which it has designated an “innovation hub.” City Council members have approved new zoning laws, affording some control over drone activity. READ MORE

What’s New in Digital Equity: Art Seeks Awareness in Dallas Plus, additional states have been awarded federal funding from the Digital Equity Act; St. Louis, Mo., is installing free Wi-Fi in parks; Yolo County, Calif., preserves free digital literacy classes in Spanish; and more. READ MORE

Year in Review 2024: AI Impacts All Areas of Gov Tech The biggest news in artificial intelligence, accessibility, cybersecurity, ed tech, government experience and public safety. Our annual review of the top headlines from 2024 also looks at what’s in store for state and local IT next year. READ MORE

Young Adults Fuel the Revival of Rural, Small Towns For decades, young people chose to move to cities and large metros for greater opportunity. Since the pandemic, that migration has reversed. READ MORE

 

The anatomy of the denial of Plaintiff's request for a religious exemption from an employer's COVID-19 vaccination requirement

Plaintiff challenged the determination of the City of New York Reasonable Accommodation Appeals Panel's [Panel] denying Plaintiff's request for a religious exemption from the COVID-19 vaccination requirement for New York City employees and asked Supreme Court to direct the reinstatement of Petitioner's employment. Supreme Court granted Plaintiff's petition in part and annulled the challenged determination as arbitrary and capricious.

The Appellate Division unanimously modified the Supreme Court's ruling "on the law and facts" and denied Plaintiff's CPLR Article 78 petition "in its entirety", without costs.

The Appellate Division opined that Plaintiff "failed to demonstrate that the denial of her application [for a religious exemption] was arbitrary and capricious or affected by an error of law", finding that the Panel had provided a sufficient explanation for its decision, stating that its decision "was based on the reasoning set forth in the denial letter from respondent New York City Police Department (NYPD)." That denial letter, said the court, in turn, found that Plaintiff's application contained "a generic statement that does not support [her] request," relied on false information or misinformation, "failed to explain how [her] religious tenets conflict with the vaccine requirement," and "had no demonstrated history of refusing medications or vaccines".

Concluding that Supreme Court "should not have rejected either the information supplied in the verified answer or two affirmations submitted by respondents," the Appellate Division observed "[W]here, as here, there was no administrative hearing, an agency may submit an official's affidavit to explain the information that was before the agency and the rationale for its decision." The Appellate Division also noted it "may consider such an affidavit even though it was not submitted during the administrative process", citing Matter of Marsteller, 217 AD3d at 544.

Click HERE to access the Appellate Division's decision posted on the Internet.

The New York State Commissioner of Education denied the application of an employee seeking to reopen his earlier appeal to the Commissioner

New York State Commissioner of Education Betty A. Rosa, noting that the Petitioner's instant appeal sought to reopen for consideration the Commission's decision in Appeal of J.C. [4 Ed Dept Rep, Decision No. 18,446], which decision dismissed Petitioner's earlier appeal concerning a determination by Petitioner's employer denying Petitioner's request for a security clearance, ruled that the Petitioner's application in the instant appeal must be rejected. 

Dr. Rosa's decision in the instant appeal is set out below.

Decisions of the Commissioner of Education 

Decision No. 18,512

Section 276.8 of the Commissioner’s regulations governs reopening a prior decision of the Commissioner and provides that applications to reopen are addressed solely to the discretion of the Commissioner.  The Commissioner will not grant an application to reopen absent a showing that: (1) the original decision was rendered under a misapprehension as to the facts or (2) there is new and material evidence that was not available at the time the original decision was made (8 NYCRR 276.8 [a]).  An application to reopen may not augment previously undeveloped factual assertions and arguments, advance new legal arguments, or merely reargue issues presented in the prior appeal (Application to reopen the Appeal of a Student with a Disability, 57 Ed Dept Rep, Decision No. 17,314; Application to reopen the Appeal of Lanzilotta, 48 id. 450, Decision No. 15,911).

Petitioner poses two principal arguments as to why the original decision was rendered under a misapprehension as to the facts.^[1]  

First, he argues that “his unwillingness to cooperate with OPI or SCI” was justified because respondent inquired into a criminal case against him that was allegedly dismissed. 

The factual finding of which petitioner complains was based upon SCI’s “numerous, unsuccessful attempts” and OPI’s “four unsuccessful attempts” to contact petitioner.  Respondent described SCI’s efforts as follows:

SCI investigators attempted to contact Petitioner by leaving a message on his cell phone, by a certified letter, and by visiting the address given as [petitioner’s] residence. The address listed turned out to be a post office box, and Petitioner never responded to the cell phone message or the certified letter.

This non-responsiveness formed the basis of my finding.  Petitioner’s argument that “SCI never contacted” him or that respondent erred by not contacting him by email are without merit.^[2]

Second, petitioner argues that he permissibly waited to challenge his problem code until he understood why it had been assigned.  “It is actual knowledge of the facts underlying a claim that begins the 30-day period in which to bring an appeal to the Commissioner” (Application of T.L., 64 Ed Dept Rep, Decision No. 18,474; see also Appeal of J.B., 62 Ed Dept Rep, Decision No. 18,245).  A problem code issued by respondent “triggers further review of [a] past employee’s application for re-employment” (Pepin v New York City Dept. of Educ., 45 Misc 3d 1221[A] at *3 [Sup Ct, NY County, 2014]).  Thus, the assignment of a problem code is a “discrete act” that creates a real, concrete injury (Appeal of J.C., 64 Ed Dept Rep, Decision No. 18,446).  Petitioner’s actual knowledge thereof began the 30-day timeframe for him to commence an appeal to the Commissioner (id.).  This time limitation is not tolled until petitioners obtain a satisfactory explanation for the actions about which they complain (Application to reopen the Appeal of Martinez, 59 Ed Dept Rep, Decision No. 17,831).  Thus, petitioner has not established grounds to reopen the prior decision in accordance with the standard set forth in 8 NYCRR 276.8 (link is external).

THE APPLICATION IS DENIED. 

[1] Petitioner does not contend that there is new, relevant evidence that was unavailable at the time of his original appeal. 

[2] As such, it is unnecessary to address petitioner’s argument that respondent impermissibly inquired into a prior arrest.

Procedure to determine Disability Retirement Applications pursuant to Articles 14 and 15 of the Retirement and Social Security Law

Source: New York State Register, Vol. XLVI Division of Administrative Rules Issue 45, November 6, 2024; posted on the Internet by the New York State Department of State; I.D. No. AAC-34-24-00002-A Filing No. 918 Filing Date: 2024-10-22 Effective Date: 2024-11-06

Action taken: Amendment of sections 353.1 and 353.2 of Title 2 NYCRR. [Statutory authority: Retirement and Social Security Law, sections 11(a), 519(1) and 614(a)].

Subject: Procedure to determine disability retirement applications under Articles 14 and 15 of the Retirement and Social Security Law.

Purpose: To broaden committee-eligible titles and account for changes to the Retirement and Social Security Law. 

Text or summary was published in the August 21, 2024 issue of the Register, I.D. No. AAC-34-24-00002-P. 

Final rule as compared with last published rule: No changes.

The text of rule and any required statements and analyses may be obtained from: Marcella Buell, Office of the State Comptroller, 110 State Street, Albany, NY 12236, (518) 43-4138. Email: mbuell@osc.ny.gov

Initial Review of Rule: As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2027, which is no later than the 3rd year after the year in which this rule is being adopted.

Assessment of Public Comment: The agency received no public comment. 

New York State Comptroller released Local Government and School District audits

On November 4, 2024, New York State Comptroller Thomas P. DiNapoli issued the following local government and school audits.

Click on the text highlighted in color to access the item posted on the Internet

Alden Central School District – Fuel Management (Erie, Genesee and Wyoming Counties) District officials did not properly manage fuel operations. Specifically, the superintendent and business administrator did not establish clear written guidance or provide adequate oversight of fuel management including verifying the quantity of fuel purchased, controlling fuel access, monitoring fuel usage  and performing inventory reconciliations. As a result, the transportation supervisor did not update fuel prices in the system and the bills were calculated based on the outdated prices resulting in billing errors totaling $9,176. Officials also did not maintain physical tank readings or perform periodic inventory reconciliations and were not aware of fuel inventory valued at $3,500. Therefore, they could not identify, investigate and correct the possible causes. Auditors found officials did not verify the accuracy of vendor charges leading to fuel overcharges totaling $1,498 and officials did not know who had access to the district’s fuel tanks.

 

Avon Central School District – Financial Management (Monroe County) The board and district officials did not effectively manage fund balance and reserves. The board-approved budgets overestimated appropriations by an average of approximately $1.7 million per year which made it appear the district needed to appropriate $300,000 of fund balance each year and increase real property taxes to close budget gaps. However, the district incurred operating surpluses in all five years auditors reviewed. Appropriating fund balance that is not needed circumvents the statutory limit. Auditors found six reserves totaling over $5 million had high balances that were not needed or used. The district also lacked written multiyear financial and capital plans. This inhibited effective financial management and justification for the levels of accumulated fund balance and reserves. 

Lyme Central School District – Financial Management (Jefferson County) The board and district officials did not properly manage the district’s fund balance. As a result, they levied more taxes than needed to fund operations and were not transparent with taxpayers. Auditors found the board and district officials: overestimated budgetary appropriations by an annual average of $918,000 (12%) from 2020-21 through 2022-23; appropriated fund balance to close projected budget gaps totaling $1.6 million for the 2020-21 through 2022-23 fiscal years though the district only needed to use approximately $23,000 of appropriated fund balance to cover operating costs during the period. It also reported fiscal year-end surplus fund balance during the same period ranging from 16% to 19% of the upcoming year’s budget, which was $1 million to $1.4 million over the 4% statutory limit. Additionally, the district did not have written multiyear financial and capital plans to provide a framework for developing the annual budgets and addressing future operating and capital needs. 

Wantagh Union Free School District – Financial Application User Access Controls (Nassau County) The board and district officials did not establish adequate controls over user accounts for the financial application to help prevent inappropriate access and use. Auditors found the board and district officials do not have reasonable assurance that they would be able to prevent or detect inappropriate changes to financial data, improper transactions or the misappropriation of funds in the financial application.

###

 

New York City Correction Officer disciplined for spraying chemical agents at a person in custody

New York City New York City Office of Administrative Trials and Hearings [OATH] Administrative Law Judge [ALJ] Michael D. Turilli recommended a 10-day suspension for a correction officer [Respondent] charged with excessive force for spraying chemical agents at a person in custody. 

Respondent had deployed chemical agents after the person in custody, who was secured in a recreation yard pen, began urinating in the direction of a captain and other officers. The person in custody then attempted to spit at Respondent, and Respondent sprayed the chemical agents at the person in custody two more times.

The ALJ determined Respondent’s three successive sprays of chemical agents were unreasonable because there were practical alternatives available, such as maintaining a safe distance and awaiting instructions from her captain.

Noting that the Department's Disciplinary Guidelines provide for a 10-day minimum suspension for the first substantive use of force violation, Judge Turilli found the Department’s request for a 20-day suspension to be excessive.

Given that Respondent had no prior record of use of force violations and there was no evidence of concealment or deception by Respondent or of injury to the person in custody, the ALJ found no reason to deviate from Disciplinary Guidelines and so recommended to the appointing authority, Commissioner Lynelle Maginley-Liddie.

Click HERE to access Judge Turilli's decision and recommendation posted on the Internet.

Second Circuit Court of Appeals holds a federal district court reviewing a claim for reimbursement under the IDEA must independently evaluate the equities, without deferring to the state administrative agency’s conclusion

Plaintiff appealed a judgment of the United States District Court for the Southern District of New York granting summary judgment in favor of Melissa Aviles-Ramos,* in her official capacity as Chancellor of the New York City Department of Education, and the New York City Department of Education [collectively DOE] on Plaintiff’s claim for reimbursement under the Individuals with Disabilities Education Act [IDEA]. Plaintiff sought reimbursement from the DOE for the cost of her disabled son’s private education during the 2019–2020 school year, alleging that DOE had failed to offer her son a free appropriate public education. 

An Impartial Hearing Officer [IHO], the State Review Officer [SRO], and the federal district court below each found that Plaintiff engaged in a course of conduct that frustrated the DOE’s attempts to develop a suitable education plan for her son. They also concluded that the balance of the equities disfavored reimbursement.

The Circuit Court noted that the factual record as to Plaintiff’s conduct is not in dispute nor is the finding that Plaintiff's conduct impeded the DOE. However, on appeal, said the court, Plaintiff argued that the district court deferred to the IHO’s and SRO’s views of the equities and thus erred. 

In doing so, opined the Circuit Court, Plaintiff raised a question that has split the district courts in this Circuit and that this Circuit Court has "not yet resolved".

The Circuit Court then ruled that a district court reviewing a claim for reimbursement under the IDEA "must independently evaluate the equities, without deferring to the state administrative agency’s conclusion". 

Applying that rule, the Circuit Court concluded that reversal is not warranted in this case because "the district court ultimately did balance the equities and did not abuse its discretion in doing so".

Accordingly, the Circuit Court of Appeals affirmed the federal district court's judgment.

* The Circuit Court noted Plaintiff's complaint was originally filed against Meisha Porter in her official capacity as Chancellor of the New York City Department of Education. Dr. Porter stepped down from her position in December 2021. Pursuant to Fed. R. App. P. 43(c)(2), the current Chancellor, Melissa Aviles-Ramos, was automatically substituted as a party.

Click HERE to access the Circuit Court's decision posted on the Internet.