A mother has taken legal action against a major educational institution, highlighting the challenges faced by families of children with disabilities in securing appropriate educational support. On February 1, 2026, J.H., represented by Cuddy Law Firm, PLLC, filed a complaint in the United States District Court for the Southern District of New York against the New York City Department of Education (DOE). The lawsuit accuses the DOE of failing to provide her child, C.H., who has autism, with a Free Appropriate Public Education (FAPE) as mandated by federal law.
The case centers around allegations that the DOE did not fulfill its obligations under the Individuals with Disabilities Education Act (IDEA). According to J.H., the DOE repeatedly failed to provide an individualized education program (IEP), conduct necessary evaluations, and recommend appropriate transitional support services for C.H. during the 2022-2023 and 2023-2024 school years. These failures prompted J.H. to enroll C.H. at Cooke Academy and seek public funding for tuition due to the lack of adequate support from DOE.
J.H.’s legal journey began when she issued ten-day notices to DOE in June 2022 and June 2023, informing them of her decision to enroll C.H. at Cooke Academy due to their denial of FAPE. Despite attempts at resolution and multiple hearings before Impartial Hearing Officer Susan Barbour, it was determined that DOE had not met its burden of providing a FAPE for C.H. Consequently, relief was awarded in favor of J.H., including tuition funding for Cooke Academy and other necessary evaluations.
Despite these victories, J.H. continues to face hurdles as DOE has yet to implement all ordered evaluations or resolve attorney fee demands amounting to $54,518.18 and $48,392.52 for two separate cases concerning different academic years. In response, J.H.’s counsel seeks reimbursement for costs incurred during administrative proceedings and subsequent legal actions.
Represented by Francesca Teresa Antorino from Cuddy Law Firm, PLLC, J.H.’s complaint underscores systemic issues within educational institutions regarding compliance with IDEA requirements. The case is presided over by Judge Susan Barbour under Case ID 1:26-cv-00854.
Source: 126cv00854_Jh_v_New_York_City_Complaint_Southern_District_of_New_York.pdf
