Special Education Case Law Update — Week of July 12, 2010

Posted on August 2, 2010

Ferren C. v. Sch. Dist. of Phila., 2010 U.S. App. LEXIS 14302 (3d Cir. 2010)

Court:  Third Circuit Court of Appeals

Nature of Case:  Compensatory education

Nature of Disability:  Autism

Issue:  Whether the equitable relief principles under the IDEA allowed the district court to order a school district to develop IEPs and act as the local education agency (LEA) for a 24 year-old girl with autism who was granted three years of compensatory education at a private school.

Holding:  The court of appeals held that the award of equitable relief was appropriate under the IDEA because, although the student no longer had a statutory right to a free appropriate public education (FAPE), she was eligible for compensatory education which could only be fulfilled if the school district was required to provided her a FAPE.

 
M.F. v. Irvington Union Free Sch. Dist., 2010 U.S. Dist. LEXIS 68788 (S.D.N.Y. June 17, 2010)

Court:  United States Dist. Ct. for the Southern Dist. of New York

Nature of Case:  Private school tuition reimbursement of privately placed student.

Nature of Disability:  Unspecified

Issue:  Whether the IEP in dispute was procedurally and substantively appropriate.

Holding:  For the school district.  IHO ordered 1/2 tuition reimbursement.  ALJ reversed IHO finding IEP provided FAPE in LRE.  Court affirmed ALJ.
M.H. v. New York City Dep’t of Educ., 2010 U.S. Dist. LEXIS 45400 (S.D.N.Y. May 10, 2010)

Court:  United States Dist. Ct. for the Southern Dist. of New York

Nature of Case:  Private school tuition reimbursement of privately placed student.

Nature of Disability:  Autism

Issue:  Whether the school district placement was reasonably calculated to provide the student with a FAPE in the LRE.

Holding:  For the parents.  IHO found for the parents and ordered tuition reimbursement,  The ALJ reversed and found for the school district.  The district court reversed and found for the parents, ordering full tuition reimbursement.
By:  Jack D. Robinson

3 Responses to “Special Education Case Law Update — Week of July 12, 2010”

  1. Skinny Hardgainer
    Jun 28, 2011

    Above poster: Agreed…


  2. J Hicks
    Jun 29, 2011

    That’s a awesome picture.


  3. Skinny Hardgainer
    Jun 30, 2011

    That is a great image.