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While harsh, I feel the judgement is correct. The student is having behavioral issues not related to any disability the student actually has.
The school would realistically be able to handle a student with just ADHD and find an IEP that would work for him/her.
The parents not listing ADHD while applying to this private school seems like a nail in the coffin.
Currently, the parents are appealing.
I.D.E.A.
Individuals With Disabilities Act
Helps insure the rights of students with disabilities as well as their parents having a voice in their education
F.A.P.E.
Subset of I.D.E.A
Free Appropriate Public Education
This includes functional and academic needs
For T.A. and his family, this process started around 2003 with no set resolution.
Knowing that the federal government is forced to reimburse special education students is an extremely motivational factor for the federal government and the public school system.
Also, just because this is something the law does require, the definition and evaluation of "Free and Appropriate Public Education" is still defined by the federal government.
Goldberg, D. (2010, October 28). Forest Grove School District v. T.A. (2009). Retrieved April 16, 2015.
Oregonian/OregonLive, W. (2009, December 14). Judge says Forest Grove family doesn't qualify for special needs reimbursement. Retrieved April 14, 2015.
A threat by a parent should be taken seriously, but this is an arduous uphill battle the parents will have to go through. There is a legal hearing which generally involves a lawyer and additional expenditures.
The parents sent T.A. to Mount Bachelor Academy not just because of ADHD but because of significant behavioral and drug (specifically marijuana) issues he was experiencing in school.
Drug use does not qualify under IDEA and since there wasn’t any proof of an Emotional and Behavior Disorder (EBD) going to a private institution wasn’t covered by the federal government.
In addition to this, the parents didn’t list ADHD as the reason he was going to private school.
Also, even if a student had never received special education services prior to being forced to go to public school, they are still eligible for reimbursement (or "equitable relief").
However, T.A.’s family wasn’t reimbursed for the years spent at a private institution for several reasons.
Any guesses as to why?
The Individuals with Disabilities Education Act (IDEA) does allow reimbursement to the family if the student isn’t given access to the necessary resources for an education. However, once the district makes the resources and education available, then reimbursement would no longer be required.
Essentially, if a student didn’t have the necessary resources to go to a public school and they went to a private school to get those resources for four years in order for full reimbursement the public school would need to make no effort to make those resources available. However, if after 2 years the public school ramped up their resources to allow T.A. to return, after that point the family cannot be reimbursed.
T.A.’s family believes they were forced to go into the private sector for education because there were no resources in T.A.’s school that would actually assist in his education.
T.A.’s family was seeking reimbursement for being forced to go into a private school since the public school failed to provide “Free Appropriate Public Education” (FAPE).
Approximate amount of tuition was $65,000.00
T.A. was a student in the Forest Grove School District
From kindergarten until high school, he didn’t need any type of special education services even though he was having trouble with school work.
While in high school, T.A. was diagnosed with ADHD and several other learning disabilities.
T.A.’s family believed the school didn’t have the resources to help him and he was then put into a private school that dealt specifically with special education students.
Troy Bernardo