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Friday, July 26, 2013

3rd Circuit issues interesting pendency decision

R.B. v. MASTERY CHARTER SCHOOL, 11-1009 (3rd Cir. 7-25-2013): In response to events that displeased the parent, she stopped sending her child to school. The school dis-enrolled the child after she had not attended for awhile. The parent filed a complaint and sought pendency. The school argued, inter alia, that the parent had no right to pendency as the child was out of school at the time of the filing of the hearing request. The 3rd Circuit disagreed stating that pendency was based upon the last agreed upon IEP and that to rule in the school’s favor would “would render the stay-put provision useless, as schools could implement unilateral changes prior to a parent's suit and then claim that the new change is the status quo.”

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