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The GAP Attorneys Blog

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

Parent entitled to reimbursement where school’s proposed placement is too restrictive

Deer Valley Unified School District v. L.P., 61 IDELR 48 (D. Ariz. 2013): A federal district court awarded reimbursement to the parent of a student with high functioning autism.  The student had an identified need in socializing and communication.

The school prepared an IEP recommending a “special school,” without identifying which specific school the student would attend.  The school district ultimately recommended a specific program in which all the children with autism were non-verbal, and functioning at a lower level than the student.  The evidence showed such a program would not meet the student’s socialization and communication needs, particular since the IEP offered no interaction with non-disabled peers outside of the classroom.  Similarly, although the school district argued that non-disabled peers could push-in to the classroom, the court deemed such an arrangement unsatisfactory in light of the student’s IEP.  Accordingly, the court determined the school district denied the student a free appropriate public education (FAPE).  Since the parent unilaterally placed the student in a private school that addressed his socialization and communication needs, she was entitled to reimbursement.

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