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Court Holds that Comp Ed and Tuition Reimbursement are not Mutually Exclusive Remedies

Court Holds that Comp Ed and Tuition Reimbursement are not Mutually Exclusive Remedies

Apr 23, 2023 | by Special Education Solutions

VW v. New York City Department of Education, No. 21 CIV. 6317, 2022 WL 3448096, 81 IDELR 194 (S.D.N.Y. Aug. 17, 2022), is a significant case concerning remedies for denial of free, appropriate public education. It involved a 16-year-old student who was diagnosed with...
Court Holds that Comp Ed and Tuition Reimbursement are not Mutually Exclusive Remedies

IHO Did Not Err In Using Analogy of “Serviceable Chevrolet” Despite Endrew F.

Apr 23, 2023 | by Special Education Solutions

L.C. v. Arlington County School Board, No. 1:20-cv-1177, 2022 WL 1469394, 81 IDELR 65 (E.D. Va. June 24, 2022), addresses issues of free, appropriate public education and least restrictive environment in the case of a middle-schooler identified as having learning...
Court Holds that Comp Ed and Tuition Reimbursement are not Mutually Exclusive Remedies

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...
Court Holds that Comp Ed and Tuition Reimbursement are not Mutually Exclusive Remedies

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...
Court Holds that Comp Ed and Tuition Reimbursement are not Mutually Exclusive Remedies

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...
Court Holds that Comp Ed and Tuition Reimbursement are not Mutually Exclusive Remedies

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...
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Recent Articles

  • Court Rejects Argument that Less Deference is Owed ALJ Decision Because ALJ is an Attorney Not an Educator
  • Court Places Obligation on Parent to Seek Out Continuing Services After Rejecting an Offer of Services
  • Court Says School District Has Responsibility to Work Around the Grandparents Unwillingness to Implement a Virtual Program

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