April 19, 2018

DSB obtained summary judgment for a school district in the United States District Court for the Eastern of New York. The civil rights action arose out of an alleged assault by non-District employees while the student was enrolled at an out-of-district facility. In granting summary judgment for the district, the Court found that the district discharged it responsibility to provide special education services to the student by appropriately contracting out the services. As a result, because the incident occurred while the student was out of the physical custody of the district, he had passed out of the school’s orbit of authority and the district could not be held liable.