District Court affirms ALJ’s decision on denial of FAPE and reimbursement of half of the cost of private school.

Topic: Special Education, Decided by: Judge Miller 
Docket Number: ***** , Decision Date: May 25, 2012 
Attachment: Click here to download the decision. 
Attachment: Click here to download the decision on appeal. 

Petitioner was not offered a free appropriate public education in the least restrictive environment because his Individualized Education Program (IEP) placed him in a special education classroom, ignoring the fact that he was continuing to make progress in a general education environment.  However, the school was only required to reimburse Petitioner’s parents for half of the cost of an appropriate private school placement and for vision therapy, because his parents acted unreasonably by failing (1) to cooperate with the school district in completing Petitioner’s IEP and (2) to share Petitioner’s vision therapy records.  The U.S. District Court of the Northern District of Georgia affirmed.

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