A legal battle has unfolded in New York, highlighting the challenges faced by parents of children with disabilities in securing appropriate educational support. A.D. and R.D., on behalf of their son B.D., have filed a complaint against the New York City Department of Education and Chancellor Kamal H. Samuels, seeking to recover attorneys’ fees incurred during an administrative proceeding under the Individuals with Disabilities Education Improvement Act (IDEA). The case was filed on February 25, 2026, in the United States District Court for the Southern District of New York.
The plaintiffs, A.D. and R.D., are advocating for their son B.D., who has been diagnosed with multiple disorders including Generalized Anxiety Disorder and ADHD. They allege that the New York City Department of Education failed to provide a Free Appropriate Public Education (FAPE) for B.D. during the 2023-2024 school year. Despite private evaluations recommending specific educational accommodations, such as an extended school year and specialized program placement, these were not implemented by the Committee on Special Education (CSE). As a result, A.D. and R.D. decided to reenroll B.D. at West End Day School (WEDS), a specialized institution where he had previously thrived.
On August 31, 2023, A.D. and R.D. filed a Due Process Complaint alleging FAPE violations and seeking tuition reimbursement for WEDS along with funding for a neuropsychological evaluation. The complaint led to several hearings before an impartial hearing officer (IHO), culminating in a favorable ruling for the plaintiffs on October 28, 2024. The IHO ordered the Department of Education to cover B.D.’s tuition costs at WEDS and reimburse $7,500 for an independent evaluation.
Despite this victory, efforts to settle attorneys’ fees with the defendants proved futile as negotiations stalled over several months in 2025. Plaintiffs claim that defendants offered only a fraction of what was owed—38% initially—before making a final offer covering just over half of their legal expenses. This prompted A.D. and R.D.’s decision to escalate the matter to federal court.
In their filing, A.D. and R.D., represented by attorney Lesley Berson Mbaye from The Law Office of Michelle Siegel PLLC, seek judgment awarding them reasonable attorneys’ fees totaling $20,535 incurred during both administrative proceedings and subsequent settlement attempts. They also request additional compensation for any further legal costs arising from this federal action.
This case underscores ongoing issues within special education systems where families often struggle against bureaucratic inertia to secure necessary resources for their children’s development.
The plaintiffs are represented by Lesley Berson Mbaye from The Law Office of Michelle Siegel PLLC while no specific names are mentioned for defense counsel in this document; Judge details remain unspecified under Case ID: 1:26-cv-01557.
Source: 126cv01557_AD_and_RD_V_New_York_City_Complaint_Southern_District_of_New_York.pdf
