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Thursday, September 11, 2008

Moving from district did not moot attorney fee claim

Kingsport City School System v. J.R., ex rel. Rentz, Slip Copy, (E.D.Tenn. Sep 04, 2008)

In this case, the parents moved from the district prior to the implementation of relief won during the administrative process. The court determined that the parent was the prevailing party and that the fact that they had moved did not negate the right to attorney fees.

Tuesday, September 9, 2008

Court orders funding of independent FBA

Harris v. District of Columbia, 561 F. Supp. 2d 63, 69 (D.D.C. 2008)

Parent sought an independent functional, behavioral assessment(FBA). District failed to act upon the request in a timely fashion. First, the Court found that an FBA is an educational evaluation, thus giving rise to a parental right to an Independent Educational Evaluation(IEE). Next, the Court slapped the District by finding that
failure to act on a request for an independent evaluation is certainly not a mere procedural inadequacy; indeed, such inaction jeopardizes the whole of Congress' objectives in enacting the IDEA. See Part II C 1-2, supra. Nevertheless, even accepting defendant's assertion that plaintiff's complaint describes a procedural violation, its argument still fails. D.H. has languished for over two years with an IEP that may not be sufficiently tailored to her special needs. The intransigence of DCPS as exhibited in its failure to respond quickly to plaintiff's simple request has certainly compromised the effectiveness of the IDEA as applied to D.H., and it thereby constitutes a deprivation of FAPE. Plaintiff is accordingly entitled to full relief under the statute.