The Law Office of Philippe J. Gerschel v. New York City Department of Education — 2d Cir. (argued September 3, 2026)
The Second Circuit hears the Law Office of Philippe J. Gerschel versus the New York City Department of Education. The firm seeks attorney's fees for administrative cases over special-education services for children enrolled by their parents in private schools. A federal judge dismissed the suit, ruling that these state-law disputes were outside the court's authority. The appeal asks whether those proceedings qualify for attorney's fees under the federal Individuals with Disabilities Education Act, or IDEA.
The Law Office of Philippe J. Gerschel v. New York City Department of Education (No. 25-2780) — U.S. Court of Appeals for the Second Circuit, argued September 3, 2026.
Sources
Official argument audio — Second Circuit:https://ww3.ca2.uscourts.gov/audio/25-2780.mp3
Official argument listing — Second Circuit:https://ww3.ca2.uscourts.gov/oral_arguments.html
District court opinion and order — September 30, 2025:https://cases.justia.com/federal/district-courts/new-york/nysdce/1%3A2024cv06303/626974/39/0.pdf
Filed letter identifying this appeal:https://cases.justia.com/federal/district-courts/new-york/nysdce/1%3A2024cv07595/629545/37/0.pdf
Joint court filing — counsel and firm:https://cases.justia.com/federal/district-courts/new-york/nysdce/1%3A2024cv07595/629545/25/0.pdf
Simonson Law — attorney profile:https://simonsonlaw.com/
Individualized education programs — 20 U.S.C. § 1414:https://www.law.cornell.edu/uscode/text/20/1414
Bay Shore v. Kain — Second Circuit opinion:https://law.justia.com/cases/federal/appellate-courts/F3/485/730/481114/
New York Education Law § 3602-c:https://www.nysenate.gov/legislation/laws/EDN/3602-C
- 0:00Introduction
- 1:14Advocate — Leif Simonson
- 4:28IEP and IESP