A legal battle is unfolding as parents of a child with autism challenge the New York City Department of Education over alleged violations of their son’s educational rights. The plaintiffs, R.H. and L.G., filed a complaint on February 6, 2026, in the United States District Court for the Southern District of New York against the New York City Department of Education (DOE). They are seeking attorneys’ fees following a favorable decision in an impartial hearing regarding their son’s educational provisions under the Individuals with Disabilities Education Improvement Act (IDEA).
The case centers around S.H., a 19-year-old student diagnosed with autism, who was allegedly denied a Free Appropriate Public Education (FAPE) by the DOE during the 2023-2024 school year. The plaintiffs claim that the DOE failed to provide special education programs tailored to meet S.H.’s individual needs, as mandated by IDEA and New York State law. An impartial hearing officer ruled in favor of R.H. and L.G., determining that their son’s rights were indeed violated. This decision entitled them to seek attorneys’ fees from the DOE under IDEA’s fee-shifting provisions.
R.H. and L.G.’s pursuit of justice began on June 30, 2023, when they filed a due process complaint alleging that S.H. was denied FAPE for the school year in question. Several pre-hearing conferences took place between November 2023 and April 2024, culminating in substantive hearings held on May 14 and May 16, 2024. Despite presenting twelve documents and two witnesses during these proceedings, the DOE offered no evidence or witnesses in defense. On June 14, 2024, an impartial hearing officer issued a sixteen-page decision supporting the plaintiffs’ claims.
Following this victory at the administrative level, R.H. and L.G., through their attorney Tracey Spencer Walsh from Spencer Walsh Law PLLC, submitted a fee claim to the DOE on August 27, 2025. With no payment forthcoming from the defendant for attorneys’ fees or costs incurred during case number 263214, they have now turned to federal court to recover these expenses.
In their complaint, R.H. and L.G. request that the court assume jurisdiction over this matter and award them $37,721.95 in reasonable attorneys’ fees for their efforts at both the administrative hearing level and in pursuing this federal action—alongside additional costs including a $405 filing fee for initiating this lawsuit.
Represented by attorney Tracey Spencer Walsh from Spencer Walsh Law PLLC, R.H., L.G., and S.H.’s case is being heard under Case ID: 1:26-cv-01043 by judges within the United States District Court for the Southern District of New York.
Source: 126cv01043_Rh_&_Lg_v_New_York_City_Complaint_Southern_District_of_New_York.pdf
