In a recent federal court decision, Abrams v. New York City Department of Education, a judge ordered the city school district to pay more than $450,000 in transportation costs for services rendered to special needs students, regardless of whether the transportation companies actually provided services to students during the COVID-19 pandemic school shut downs. The federal judge reviewed the contract language, and found that it “plainly provide[d],” that payment would occur regarding of, “unexcused absences, withdrawal, suspension or for any other reason.” As such, the District was on the hook for payment, regardless of the Governor’s executive school shut down order.

