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Failure to Provide Parents with Location of Services Resulted in Private School Reimbursement

Failure to Provide Parents with Location of Services Resulted in Private School Reimbursement

Apr 23, 2023 | by Special Education Solutions

V.A. v. City of New York, No. 20-CV-0989(EK)(RML), 2022 WL 1469394, 81 IDELR 46 (E.D.N.Y. May 10, 2022), addresses issues of notice of placement as well as appropriate education. Accordingly, it may be of guidance to impartial hearing officers. The parent sought...
Failure to Provide Parents with Location of Services Resulted in Private School Reimbursement

Court Finds that Parents’ Move Out of District Is No Bar to Reimbursement Claim

Apr 23, 2023 | by Special Education Solutions

In S.H. v. Issaquah School District, No. 2:21-CV-00137-DGE, 2022 WL 279139, 80 IDELR 134 (W.D. Wash. Jan. 31, 2022), the district court issued a ruling that may be instructive for impartial hearing officers as to the application of statutes of limitations, notice...
Failure to Provide Parents with Location of Services Resulted in Private School Reimbursement

District Must Provide Comparable Services When Residential Program Shuts Down

Apr 19, 2023 | by Special Education Solutions

K.K. v. William S. Hart Union High School District, No. CV 22-2398, 2022 WL 2162016, 80 IDELR 271 (C.D. Cal. Apr. 20, 2022), is a recent case of interest concerning the application of the maintenance of placement (“stay-put”) rule, 20 U.S.C. § 1515(j). The case...
Failure to Provide Parents with Location of Services Resulted in Private School Reimbursement

Comp Ed Denied Because Deficiencies Mitigated Through Pendency Placement

Apr 19, 2023 | by Special Education Solutions

Killoran v. Westhampton Beach School District, No. 20-CV-4763(JS)(SIL), 2022 WL 954851, 122 LRP 11347 (E.D.N.Y. Mar. 30, 2022), is a decision in one of a number of cases that parents filed pro se concerning the education of their son who has Down Syndrome. The...
Failure to Provide Parents with Location of Services Resulted in Private School Reimbursement

Fifth Circuit Looks to Overall Academic Progress, Not Just IEP Goals, to Decide Appropriateness of Gen Ed Placement

Apr 19, 2023 | by Special Education Solutions

H.W. v. Comal Independent School District, 32 F.4th 454, 122 LRP 14177 (5th Cir. Apr. 27, 2022), illustrates some of the divisive issues that have emerged concerning the requirement to place students with disabilities in the least restrictive environment and furnish...

Change in Location Can Rise to a Change in Placement

Apr 19, 2023 | by Special Education Solutions

H.R. v. District of Columbia, No. 21-CV-1856-TJK-RMM, 2022 WL 2110503 (D.D.C. Apr. 29, 2022) (magistrate judge recommendation), adopted, 2022 WL 2106245, 122 LRP 19952 (D.D.C. June 10, 2022), offers an instructive application of the maintenance of placement...
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