Ostby v. Manhattan School Dist. No. 114

Ct. of Appeals found that most of plaintiff’s claim under Individuals with Disabilities Act was moot, where said claim had challenged defendant-school district’s 1^st grade placement of plaintiffs’ son in Social Emotional Learning Foundations (SELF) program, and where son’s current third-grade IEP placement was not in SELF classroom, but rather in mainstream classroom as plaintiffs had desired. While plaintiffs argued that instant case was not moot because son could be placed in SELF program in future, Ct. found that parties’ agreement in third grade IEP placement in mainstream classroom did not make it likely that son would return to SELF placement. As such, instant appeal would only resolve which party was correct about outdated IEP. Moreover, possibility that plaintiffs would be eligible for attorney fees if they had prevailed in instant appeal was insufficient to keep case alive for resolution.