A mother has filed a lawsuit against the New York City Department of Education, claiming repeated failures to provide her twin sons with the education they are entitled to under federal law. On February 2, 2026, G.A., the plaintiff, filed a complaint in the United States District Court for the Southern District of New York against the New York City Department of Education and associated parties.
The lawsuit centers around allegations that the defendants failed to provide a Free Appropriate Public Education (FAPE) as required by the Individuals with Disabilities Education Improvement Act (IDEA). G.A.’s twin sons, E.A. and L.A., both diagnosed with autism spectrum disorder, require intensive one-on-one applied behavior analysis (ABA) to learn effectively. Since at least 2017, G.A. has had to file due process complaints annually to secure appropriate educational provisions for her children. The complaints led to multiple impartial hearing orders in favor of G.A., yet she claims that reasonable attorney fees remain unpaid by the defendants.
G.A.’s legal battle involves several individual hearings (IH Cases), each highlighting instances where the Department of Education allegedly failed to meet its obligations under IDEA. In IH Case No. 214945, filed on September 3, 2021, an Impartial Hearing Officer (IHO) ruled that L.A. was denied FAPE for two consecutive school years and awarded tuition for his private school placement along with after-school ABA services. Similar rulings were made in subsequent cases concerning E.A., such as IH Case No. 230331 and IH Case No. 249723, where IHO decisions mandated funding for private schooling and related services.
Despite these favorable outcomes for G.A., she asserts that the defendants have not offered reasonable settlements regarding her attorney fees across multiple cases—Nos. 214945, 230331, 249723, 276116, and 295671—leading her to seek judicial intervention for fee recovery along with prejudgment interest.
The complaint underscores ongoing challenges faced by families seeking appropriate educational accommodations under federal disability laws. G.A.’s case illustrates persistent systemic issues within educational agencies responsible for upholding IDEA mandates.
Representing G.A., Erin O’Connor from The Law Office of Elisa Hyman seeks court intervention not only for attorney fees but also other relief deemed just by the court. The case is presided over by Judge Kamar H. Samuels under Case ID: 26-883.
Source: 126cv00883_GA_V_NEW_York_Complaint_Southern_District_of_New_York.pdf
