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The GAP Attorneys Blog

Meeting the needs of people with disabilities, their families, educators & service providers

District can be held responsible for private school tuition when it fails to consider an inclusion setting with a 1:1 aide

G.B. and L.B. ex rel. N.B. v. Tuxedo Union Free Sch. Dist., 60 IDELR 2 (2d Cir. 2012)—the Second Circuit Court of Appeals affirmed a lower court’s decision that a school district denied FAPE to a student with pervasive developmental disorder by offering an overly restrictive placement. Thus, the Federal Court upheld the parent’s entitlement to tuition reimbursement for the child’s private inclusion preschool program. The school district should have considered whether the child could participate in an inclusion classroom with the help of a 1:1 aide. NOTE: this decision has not been released for publication in official or permanent law reports, per court order. To view the blog posting regarding the lower court case, see N.B. v. Tuxedo Union Free Sch. Dist., 55 IDELR 228 (S.D.N.Y. 2010), posted on April 28, 2011.

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