Monday, December 31, 2012

Federal Appeals Court Backs Parents in Special Ed. Placement

By Nirvi Shah from On Special Education

By Mark Walsh
A Colorado school district must reimburse the parents of a student with learning disabilities as well as emotional and behavioral difficulties for the costs of the student's enrollment at an out-of-state residential treatment facility, a federal appeals court has ruled.

The case has been watched closely by school board groups and President Barack Obama's administration because it involves the standard for "unilateral" private school placements under the Individuals with Disabilities Education Act.

Under the federal law, parents who unilaterally place a child with disabilities in a private school may win reimbursement from their local school district if the district failed to provide a free, appropriate public education, or FAPE, and certain other conditions are met.

At particular issue in the case is whether a school district may be liable for such reimbursement when a child's educational and mental-health needs are closely intertwined and the residential placement is addressing both needs.

Read more HERE.
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