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Wednesday, September 17, 2008

D.C. Court holds that IHO decision must be implemented during an appeal

Friendship Edison Public Charter School Chamberlain Campus v. Suggs, 562 F. Supp. 2d 141, 143 (D.D.C. 2008).

A student is entitled to pendency during the course of litigation. In this case, the student was awarded compensatory education in the form of supplemental tutoring. The Court held that the implementation of a hearing officer decision is not automatically stayed by the filing of an appeal.
Nowhere in the IDEA ... is there a corresponding right of an education provider to decline to implement a Hearing Officer Decision in a student's favor automatically, without seeking a stay of that Decision from either the Hearing Office or the Court in which further proceedings have been commenced under 20 U.S.C. § 1415(i)(2).