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Parent is denied tuition reimbursement when the student was eligible to graduate with a Regents Diploma and the parent unreasonably withheld transcripts regarding student’s graduation status

T.M. and J.M., on behalf of T.D.M., v. Kingston City School Dist., 59 IDELR 254 (N.D.N.Y. 2012)—The parents of an eighteen year old with pervasive developmental disorder notified the district of their intent to place the student in a private out-of-state facility in April or May of 2008 and signed a two year contract. The court held that the district’s obligation to provide FAPE ended in June 2008 when the student earned a Regents Diploma. Yet, the parent had repeatedly refused to provide a copy of his transcript to the district. The district did not obtain a copy of the student’s transcript until March of 2010 at which time it was determined that he had had enough credits to receive a Regents high school diploma in June of 2008. If the parent had provided the transcript in June 2008 when it was requested by the district, it would have been clear that the student had earned a Regents diploma and that the district was no longer obligated to provide FAPE. Accordingly, equitable considerations did not warrant tuition reimbursement to the parent.

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