Appeal of the BOARD OF EDUCATION OF THE MONROE-WOODBURY CENTRAL SCHOOL DISTRICT from action of the New York City Department of Education and the New York State Office for People with Developmental Disabilities regarding tuition reimbursement.

Decision No. 18,462

(August 12, 2024)

        Ingerman Smith, LLP, attorneys for petitioner, Stephanie Bellantoni, Esq., of counsel

        Muriel Goode-Trufant, Acting Corporation Counsel, attorney for respondent New York City Department of Education, Scott Glotzer, Esq., of counsel

        Joseph K. Dier, Esq., attorney for respondent New York State Office for People with Developmental Disabilities

ROSA., Commissioner.--Petitioner appeals the refusal of the New York City Department of Education (“NYCDOE”) to pay for tuition costs incurred by petitioner for educating seven students with disabilities (the “students”) during the 2022-2023 school year.  In the alternative, petitioner seeks an order that the Office for People with Developmental Disabilities (“OPWDD”) reimburse petitioner for these costs.  The appeal must be sustained to the extent indicated.

A detailed recitation of the facts is unnecessary as the factual and legal background of this matter is set forth in Appeal of the Board of Education of the Monroe-Woodbury Central School District (63 Ed Dept Rep, Decision No. 18,343, the “prior appeal”).  On September 19, 2023, I issued a decision sustaining the prior appeal in part.  For relief, I ordered that OPWDD pay petitioner for its tuition costs incurred in educating six of the students at issue herein for the 2021-2022 school year and that NYCDOE pay for any and all tuition costs for the duration of the students’ foster care placement thereafter.  Petitioner commenced the instant appeal regarding its claims for reimbursement for the 2022-2023 school year.

Petitioner’s arguments in this appeal are the same as in the prior appeal, with the addition of a seventh student and claims for reimbursement for the 2022-2023 school year.  Respondents offer materially identical arguments in response. 

The claims in this appeal must be resolved based upon grounds of preclusion.  Res judicata, or claim preclusion, prevents a party from relitigating a claim from which he or she had a full and fair opportunity to litigate and which was decided against him or her (Ryan, et al. v. New York Tel. Co., et al., 62 NY2d 494 [1984]).  Collateral estoppel, or issue preclusion, is

a narrower species of res judicata [which] precludes a party from relitigating in a subsequent action or proceeding an issue clearly raised in a prior action or proceeding and decided against that party or those in privity, whether or not the tribunals or causes of action are the same (Id. at 500).

The overriding principle is that a party should get only a single “bite at the apple” – i.e., a single chance to litigate his or her claims (see generally Rapone v Katz, 39 Misc 3d 129[A] [1st Dept 2013]).  It is well settled that principles of res judicata and collateral estoppel apply in appeals pursuant to Education Law § 310 (see Appeal of Bach, 32 Ed Dept Rep 499, Decision No. 12,898; Appeal of Tobin, 30 id.  315, Decision No. 12,477).

Here, petitioner presents almost identical allegations and seeks almost identical relief as it did in Appeal of the Board of Education of the Monroe-Woodbury Central School District (63 Ed Dept Rep, Decision No. 18,343).  The only difference is the addition of a seventh student, whose circumstances are materially indistinguishable from the other six.  Accordingly, based upon the holding and reasoning of Appeal of the Board of Education of the Monroe-Woodbury Central School District (63 Ed Dept Rep, Decision No. 18,343), NYCDOE is responsible for the tuition costs associated with these students for the 2022-2023 school year.

THE APPEAL IS SUSTAINED TO THE EXTENT INDICATED.

IT IS ORDERED that NYCDOE pay petitioner for its tuition costs incurred in educating the students at issue herein for the 2022-2023 school year and for any and all tuition costs for the students for the duration of their foster care placement thereafter.

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