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February 10, 2012
3d Circuit Holds That Parents Are Not Responsible To Repay School District For Private Placement
J.E. v. Boyertown Area Sch. Dist., ____F.3d_____(3d Cir. Nov. 21, 2011), is an interesting case which discusses the responsbilies of Districts to pay for a private placement as well as the IDEA's stay put provision. I bring it to your attention, however, for another reason. It highlights a rare situation where the District seeks reimbursement from the parent for costs it paid. Ultimately, the 3rd Circuit declined to address the merits of its request that the parents to reimburse it for tuition and transportation costs it has paid because the District failed to request “reimbursement in the District Court, and it points to no statute or rule authorizing us to consider this question for the first time on appeal.”
Mitchell H. Rubinstein
February 10, 2012 in Special Education Law | Permalink
