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The GAP Attorneys Blog

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

School district required to provide in-home services as part of stay-put

M.G. v. New York City Department of Education, 61 IDELR 220 (S.D.N.Y. 2013): A U.S. District Court ordered a school district to continue providing in-home applied behavioral analysis (ABA) services during the pendency of litigation due to the district’s provision of such services during the underlying proceedings.  Although the impartial hearing officer (IHO) denied much of the parents’ requested relief, interim IHO orders directed the district to commence in-home ABA services to provide a free appropriate public education (FAPE).  The parents initiated a state-level appeal, but in the meantime the district indicated it would discontinue the in-home services during the subsequent school year.  The Court, upon the parents’ application, directed the district to continue providing the in-home ABA services as part of the student’s pendency placement.

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