See KGK's case featured on Wrightslaw.com.
New Case - Charter School in Contempt, Must Pay $176,722! - Pursuant to the "stay-put / pendency" statute (20 USC 1415(f)), on November 4, 2013, the United States District Court of Arizona held the "tuition-free, public charter" Flagstaff Arts and Leadership Academy in contempt of Court and ordered them to pay $176,722.00 for the child's private placement by November 15, 2013 or face further sanctions. (Click here for ruling of Contempt and Order to pay.)
While the child was enrolled in the charter school, the parent contested the IEP, removed the child to a private placement and requested a due process hearing. The Administrative Law Judge ruled in their favor. The school appealed and the parent's attorney, Hope Kirsch filed a Counterclaim. (Click here for Counterclaim). The Charter School asserted that they could not afford to pay. The Court noted that their problem is "an allocation of resources problem, not an absence of resources." We will keep you posted.
News You Can Use: The Official Blog of Kirsch-Goodwin & Kirsch, PLLC, Arizona's Education Law Firm.
Showing posts with label residential treatment. Show all posts
Showing posts with label residential treatment. Show all posts
Sunday, November 17, 2013
Saturday, July 6, 2013
KGK wins Due Process - Residential Treatment Center
Kirsch-Goodwin & Kirsch's recent Arizona due process decision: A charter school that failed to offer a student FAPE in her IEPs is responsible for the student's placement at an out-of-state Residential Treatment Center (RTC).
http://www.azed.gov/special-education/files/2013/06/hearing-decision-13-005-flagstaff-arts-leadership-academy2.pdf.
Note, the law requires a student to be in the "least restrictive environment" (LRE), and for some students, the LRE may be an RTC.
http://www.azed.gov/special-education/files/2013/06/hearing-decision-13-005-flagstaff-arts-leadership-academy2.pdf.
Note, the law requires a student to be in the "least restrictive environment" (LRE), and for some students, the LRE may be an RTC.
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