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The GAP Attorneys Blog

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

Posts Tagged ‘Vacating administrative decision’

Compensatory education award vacated where student refused to participate

Wednesday, April 18th, 2012

Dudley v. Lower Merion School District, 58 IDELR 12 (E.D. Pa. 2011): The federal district court declined a parent’s request for a court order to enforce the hearing officer’s award of compensatory services to a student classified with a specific learning disability and diagnosed as emotionally disturbed.  Despite a school district’s “substantial efforts” to comply, the student participated in the services only sporadically and eventually refused to participate altogether.  Although the hearing officer’s decision ordered the school district to “assure that [the student] arrives at the location . . . escorting him to the room if necessary,” the school district could not have used physical force to ensure the noncompliant student’s attendance.  The court granted the school district’s request to vacate the compensatory education award.

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