lawprofessors

By  Michelle Ball , California Education Attorney for Students since 1995 The Seventh Circuit Court of Appeals recently upheld the denial of a parents request for reimbursement ($$$) for the cost of a private placement at Lindamood Bell .  This case illustrates how tricky it can be to obtain reimbursement from a school district for the unilateral placement (e.g. by parents alone) of a child in a private school. In the case of Berns v. Hamilton Southeastern Schools , decided December 22, 2011, Judge Gottschall opined that the student in question had been provided a Free and Appropriate Public Education ( FAPE ), as the student made adequate progress toward his goals during his public school placement.  According to the case, the student in question suffered from a Traumatic Brain Injury ( TBI ) at age 4.  After that time, the school assessed him and placed him in a pre -kindergarten classroom for four weeks.  While in the placement the student met several of hi...

By Michelle Ball, California Education Attorney for Students since 1995 Recently, the Ninth Circuit Court affirmed the United States District Court for the Central District of California's decision in CB v. Garden Grove Unified School District (2009).  This case (hereinafter "Garden Grove") addresses the issue of parent reimbursement for placement of a special education student at a non-public agency.  The affirmation solidified further the rights of parents to be repaid when a public school district  does not offer a Free and Appropriate Public Education (FAPE). It is yet to be seen whether this decision will be appealed to the United States Supreme Court, but for now, Garden Grove stands for/reconfirms the following propositions: 1)  If a District fails to provide FAPE, full reimbursement may be sought by the parents. 2) Such reimbursement may be sought even if the parents place a student with a non-public agency, rather than a non-public school. 3)  Th...