The Court held that the regulations reflected an informed policy decision that must be accorded deference.
the regulations represent an informed, rational choice between two opposing schools of thought on the use of aversives. Whether it was the best choice, or one that the court would have made, is irrelevant. The court, with its limited educational expertise, is not the final arbiter in the realm of behavioral modification. As the regulations are neither arbitrary nor capricious, and are consistent with the purposes of the IDEA, plaintiffs' facial attack must be rejected.
The Plaintiffs also claimed that the regulations, as applied to the them, denied them a FAPE. On this point, the Court ruled in their favor. Thus, NYS’s motion to dissolve the preliminary injunction was rejected. The Court reasoned that academic progress is not the sole measure of a FAPE. The Court expressly rejected NYS’s argument that “so long as "a student is making academic progress, related services that address a student's social and/or behavioral issues may be denied even if problematic behaviors continue."