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Reimbursement denied where student was capable of being educated in general setting with special education aids, services, and accommodations

J.C.S. v. Blind Brook-Rye Union Free School District, 61 IDELR 219 (S.D.N.Y. 2013): A federal district court denied a parent’s request for reimbursement for a unilateral placement, confirming the conclusion of the New York State Review Officer (SRO).

The parent sought reimbursement for a private program in which she unilaterally enrolled her son with ADHD and learning disabilities.  Notwithstanding the parent’s placement, the school district’s IEP team met and recommended a program in a general education setting with a wide array of various special education and related services, as well as supplementary aids and services and accommodations.  The parent argued that the volume of aids, services, and accommodations indicated that the general education setting was inappropriate.  However, the strength of the student’s academic skills led the SRO to conclude that the general education setting was appropriate in terms of restrictiveness and therefore the school did not deny the student a free appropriate public education (FAPE).  Accordingly, reimbursement was denied.  The district court agreed, and upheld the SRO’s decision.

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