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Transcript

Kruelle v. New Castle County School District

Court Ruling

Case Background

Our Opinion

Paul Kruelle, was a severely mentally retarded child who required 24 hour care. The child was not able to feed himself, dress himself, comprehend or speak. Although he was 13 years old, he had the social skills of a six month old infant. He was not able to function within the school setting. He had emotional issues that have escalated to daily self-induced vomiting and throwing of tantrums. These daily occurrences became so severe that the parents decided that he needed residential placement and went to trial for these rights in order to meet the needs of Paul within his IEP.

The school had him in a day school program that was not being beneficial to the student. As a result, the district judge ruled that Paul would benefit from a full time residential education program. It is important to note that such placement was going to help Paul and his ability to live and learn.

We agree with this ruling because Paul's in-home care and after school instruction were not working for him; he was regressing. For this reason, it was necessary for Paul to be granted with residential placement at no expense to the parents, as this was the environment necessary for Paul to be successful.

Due to the fact that Paul’s emotional, physical, and educational needs required full-time care that was not being met at the six hour care he was receiving at Meadowood, the court ruled Paul to be granted with residential placement at no expense to the parents under the Education Act. As a disabled child, despite the severity of his handicap, under the Education Act, he is entitled to a free appropriate education in the least restrictive environment. It was found that residential placement was the least restrictive environment for Paul, therefore necessary for him to be successful and meet the needs and goals of his IEP.

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