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T.A.'s parent believed he was denied FAPE by the school because they failing to do a full evaluation to address all areas of concern.

Should T.A. be granted reimbursement for private school education if he has not received Special Education services by the public school district?

T.A. in School

Evaluation

  • Forest Grove School District evaluated T.A. and concluded that he did not qualify for Special Education services.

  • T.A. continued to have difficulties in school as well as substance abuse, personality changes, and running away from home.
  • Was enrolled at Forest Grove School District from kindergarten till the 11th grade.

  • Parents noted T.A. had difficulties paying attention in school.

  • His parents requested for him to be assessed for Special Education.
  • Parents had him evaluated by a private psychologist where T.A. was diagnosed with ADHD, depression, and other disabilities related to learning.

  • After diagnosis by the private psychologist T.A. was enrolled at a private school.

Hearing Request

The Courts

Under IDEA parents requested a hearing for T.A. to be once again evaluated by the school district for his disabilities.

Once again the school district assessment team noted that T.A. did not qualify for Special Education Services.

The hearing officer determined that T.A. was eligible to receive Special Education services and the school district had failed to provide FAPE. The parents were awarded 65,000 for private school tuition.

The District Court reversed the hearing decision to reimburse the parents for private school tuition.

The parents appealed to the Ninth Circuit Court of Appeals. Which reversed The District Court decision.

The Supreme Court ruled in favor of the parents for reimbursement of tuition because Forest Grove School District failed to provide Special Education services and the student need to receive services at a private school.

Parents Concerns

Implications

Isamar Doria

SPED 6311

Seminar in Special Education

When evaluating a student, all suspected areas of disabilities should be assesses before it is ruled out that the student does not have a disability.

Funding should not be a determining factor to provide a students with a FAPE.

Not doing proper evaluations can bring more expenses to the district to cover legal fee, and reimbursements.

Issue

Forest Grove School District v. T.A.

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