Dorothy Neske, et vir, Individually and as Parents and Natural Guardians of A. N. v. New York City Department of Education

Does a parent of a special education student forfeit her right to Pendency under §1415(j) of the Individuals with Disabilities Act (“I.D.E.A.”) where the parent unilaterally moves the student from an appropriate private school Pendency placement to a substantially similar private school placement? Does a district court have the authority under the I.D.E.A. to order a school district to reimburse the parent of a special education student for Pendency services up to the amount that it would have cost the school district itself to provide the required Pendency services, or up to the amount that the school district would have paid an appropriate private school placement that was the child’s Pendency placement by operation of law, where the parent unilaterally transfers the student from her Pendency placement to a substantially similar private school placement?