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Linda Nixon's Prezi
Transcript of Linda Nixon's Prezi
Brief #2 SPED 6311
C.B. v. GARDEN GROVE UNIFIED SCHOOL DISTRICT
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT (2011)
Supports parent's right to place their special needs student in private school and seek reimbursement if public school does not offer FAPE
Parents that prefer private education may see cases such as these as avenues to an expectation the district should pay, even when services are offered in the public school
The private school did not satisfy all needs, but everything they provided was proper, reasonably priced, appropriate, and benefited the student educationally
The district court awarded full reimbursement to the Guardian for the cost of obtaining services, to include transportation
If a guardian places their child in a private school after the public school has failed to provide a FAPE, does the IDEA require the nonpublic school to provide for all of the educational needs in order for the guardian to receive full reimbursement? Does the guardian need to only show that the private school provides many educational benefits that meet the unique needs of the student?
Florence County School District Four v. Carter (1993)
Supreme Court set two minimum criteria that must be met before a guardian may obtain reimbursement for the unilateral placement of a child in private school
Frank G. v. Board of Education (2006)
A guardian need only show that the placement provides special designed educational instruction that meet the needs of the child with disabilities, and that the services are necessary for the child to benefit from instruction
C.B.'s eligibility is a student with autism and attention deficit disorder
Student has many unique needs
District completed IEP
Guardian submitted letter of disagreement
Obtained supplemental private services and would be seeking reimbursement
Following year IEP was rejected and student attended the private school full-time
Guardian filed for full reimbursement for tuition and transportation
ALJ judge found District had failed to provide a FAPE to student for first year and awarded full reimbursement
ALJ held that the second year only partial reimbursement would be awarded due to the fact the private placement did not meet all of the student's needs
Guardian filed with court of appeals, challenging the conclusion and the District's argument that reimbursement is only warranted when a private placement provides the full range of educational services that a disabled student requires