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The GAP Attorneys Blog

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

Where parents unilaterally placed student in a private religious school, (inappropriate to address the child’s needs), District still obligated to develop a student’s annual IEP (but not to reimburse tuition)

Doe by Doe v. East Lyme Bd. Of Educ., 59 IDELR 249 (D. Conn. 2012)—A U.S. District court reversed the lower court’s Recommended Ruling and held that school district denied FAPE to a student with autism when it failed to develop an IEP for the 2010-2011 school year. Although the parent had previously declined the proposed IEP for the previous year, that did not extinguish the district’s obligation to review the student’s IEP at least annually. The parent had unilaterally placed the student in a private religious school, which the court held was inappropriate to meet the student’s educational needs because it provided no special education services nor did it implement the IEP as the teachers were not certified in special education. The court deferred to the hearing officer’s determination regarding inappropriateness of the private placement and determined that the parent’s were not entitled to tuition reimbursement.

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This entry was posted on Thursday, January 24th, 2013 at 12:00 pm and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

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