Location of student’s IEP does not violate right to FAPE.

Topic: Special Education, Decided by: Judge Baxter 
Docket Number: ***** , Decision Date: November 21, 2013 
Attachment: Click here to download the decision. 

The School District did not violate Plaintiff’s right to a free appropriate public education (FAPE) when his individualized education program (IEP) placed him in a high school based on residency rather than at his preferred location. A parent is not entitled to dictate the location of services. Plaintiff’s parents complained that the school required documentation from a physician when Plaintiff was absent and did not have a school nurse on staff. However, the student’s medical condition did not require access to a school nurse and the school provided intermittent hospital or homebound services to assist with Plaintiff’s frequent absences.

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