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School district not permitted to seek reimbursement from parents of private school payments ordered at administrative level even if a court ultimately rules in favor of the school district by overturning the administrative decision

Monday, March 28th, 2011

Atlanta Independent School System v. S.F., 55 IDELR 97 (N.D. Ga. 2010): The federal district court held that a school district was not entitled to seek reimbursement from the parents of a child with autism for private school funds that the school district was ordered to pay at the administrative level.  The court concluded that the Individuals with Disabilities Education Act (IDEA) and the “stay put” interests it protects prevents school districts from seeking reimbursement from parents who rely on and implement the administrative decision (even though it is later overturned).

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