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District’s requirement that parent agree to responsibility for damage to assistive technology used at home did not deny FAPE.

R.P. v. Alamo Heights Independent School District, 57 IDELR 64 (W.D. Tex. 2011): A U.S. District Court determined that a school district did not deny a student with mental retardation and a speech impairment a free appropriate public education by requiring the student’s parent to agree to bear financial responsibility for any damage to the student’s assistive technology device that occurred at home.

The student used a Dynavox to assist with her communication, and her father requested that she be allowed to take it home with her. The district agreed, but only after requiring her father to sign an agreement that he would be responsible if it were damaged beyond normal wear and tear. The Court determined that since the device was provided, the student was not denied FAPE and rejected the parent’s argument that the district must provide the device without any limitations.

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This entry was posted on Friday, November 18th, 2011 at 3:16 pm and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

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