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Posts Tagged ‘Non-public school/private school’

School district required to provide student with one-on-one aide in student’s non-public school

Thursday, December 23rd, 2010

Board of Education of Bay Shore Union Free School District v. Thomas K., 14 N.Y. 3d (2010):  New York’s highest court determined that a New York school district was required to provide a student, diagnosed with ADHD and classified as “other health impaired,” with a one-on-one aide in the student’s non-public school.  Although under federal law, the student was not entitled to receive services at his private school, the Court relied on New York’s “dual enrollment” statute, which requires school districts to allow private school students with disabilities “equal access to the full array of specialized public school programs.”  The Court also deferred to the decisions of the Impartial Hearing Officer (IHO) and State Review Officer (SRO), who both found that the in order for the child to receive a FAPE, the services of an individual aide must be provided to the student at his non-public school.  The Court also rejected (as did the IHO and SRO) the school district’s argument that a one-on-one aide does not fall within the statutory definition of “services.”

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