Goldstein, Ackerhalt & Pletcher
70 Niagara Street, Suite 200 Buffalo , New York, 14202
Phone: 716-362-1533
Fax: 716-362-1534

The GAP Attorneys Blog

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

School district is unable to recover private tuition paid as part of a student’s pendency placement during administrative proceedings under IDEA.

New York City Department of Education v. S.S., 54 IDELR 85 (S.D.N.Y. 2010):  A U.S. District Court rejected the school district’s argument that the parents of a student with a speech and language impairment should be required to reimburse the school district for the student’s tuition at a private placement during the pendency of due process proceedings in which the parents were ultimately unsuccessful.  Since the impartial hearing officer and state review officer both decided that the school district offered the student a FAPE, the school district argued the parent should be required to pay for the student’s education during the period of his stay-put placement.

The Court, in dismissing the case, noted that to hold otherwise would contradict the purposes behind the IDEA and, in particular, the specific purpose of stay-put (namely, to maintain the student in his or her then-current placement in order to avoid disruption of the student’s education).

Tags: , , , , ,

This entry was posted on Sunday, November 14th, 2010 at 10:34 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.

Comments are closed.

  • « Older Entries
  • Newer Entries »

Entries (RSS) | Comments (RSS).