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

Posts Tagged ‘graduation’

Student still entitled to compensatory education despite her graduation from high school during the litigation process.

Thursday, June 7th, 2012

Brooks v. District of Columbia, 58 IDELR 103 (D.D.C. 2012):  A U.S. District Court affirmed its award of compensatory education to a student, notwithstanding the fact that the student graduated from high school while her case was pending in court.  The student, who was diagnosed with a learning disability, did not receive an appropriate vocational evaluation, and the school district’s failure to do so in a timely manner denied her a FAPE.  Accordingly, the Court ordered compensatory education.

However, while the case was pending, the student graduated from high school and received a diploma.  The school district argued that receipt of a diploma terminated the student’s eligibility for special education and related services.  The Court disagreed, noting that it had the ability to award compensatory education to a student denied her statutory rights (notwithstanding her graduation).  Therefore, the Court affirmed its earlier compensatory education award.

Tags: , , ,
Posted in Uncategorized | Comments Off on Student still entitled to compensatory education despite her graduation from high school during the litigation process.

Student’s graduation with regular diploma does not extinguish student’s stay-put rights during pendency of dispute over student’s graduation

Friday, December 17th, 2010

R.Y. v. State of Hawaii, Department of Education, 54 IDELR 4 (D. Hawaii 2010):  The parent of an emotionally disturbed, privately placed student, challenged the school district’s decision to issue the student a high school diploma.  Although the court agreed with the hearing officer that the student met all of Hawaii’s graduation requirements, the court concluded that the student continues to have rights under the stay-put provision of the IDEA during the parent’s appeal of that decision.  Although the parent argued that as a remedy the parent is entitled to private school tuition reimbursement, the court remanded the case to the hearing officer for determination of an appropriate remedy.

Tags: , ,
Posted in Uncategorized | Comments Off on Student’s graduation with regular diploma does not extinguish student’s stay-put rights during pendency of dispute over student’s graduation

College program may be appropriate stay-put placement when student challenges a school district’s decision to graduate him.

Saturday, November 13th, 2010

Tindell v. Evansville-Vanderburgh School Corporation, 54 IDELR 7 (S.D. Ind. 2010):  A U.S. District Court determined a student’s pendency placement to be a college internship program, when the program in which he was currently enrolled was on the verge of closing. Since the district did not offer any alternative placement for pendency, the Court decided that the student (who was diagnosed with autism spectrum disorder, but was originally classified with a learning disability of written expression) should attend the college program located by his parents at district expense.

The Court rejected the school district’s argument that since the student had graduated, he was no longer entitled to special education services and, therefore, the district need not pay for any pendency placement (let alone a college program).  The Court explained that the school district could not rely on the student’s graduation to discontinue services since the parents were challenging the validity of that graduation.  When it is impossible to replicate a student’s current educational placement (such as when a school is closing), it is the school district’s responsibility to locate educational services which approximate the current program as close as possible.  Here, the school district did not locate any such placement, and the Court accepted the parents’ chosen placement.

Tags: , , , , , , ,
Posted in Uncategorized | Comments Off on College program may be appropriate stay-put placement when student challenges a school district’s decision to graduate him.

Entries (RSS) | Comments (RSS).