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The GAP Attorneys Blog

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Pendency provision does not require school district to pay tuition in order maintain transfer student’s placement in prior school district

G.B. v. New York City Department of Education, 58 IDELR 100 (S.D.N.Y. 2012): A federal district court concluded that a school district failed to provide sufficient pendency (or “stay-put”) services to a transfer student with autism that were comparable to the services provided to him under the last agreed upon IEP from his prior school district.  However, the court refused to require the school district to pay tuition in order to maintain the student’s placement within his prior school district.  A school district’s obligation to maintain the student’s “stay-put” placement during the pendency of a due process proceeding does not mean that the student must remain at a “specific brick-and-mortar school.”  The school district merely must provide the student with an educational placement that is comparable to the last agreed upon IEP.

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This entry was posted on Thursday, April 26th, 2012 at 3:52 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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