Under the IDEA, Congress granted federal funding to the states for special education programs, contingent on the action of the states in providing a "free appropriate public education" ("FAPE") to disabled children. Individuals with Disabilities Education Act in a private school called the Cambridge School in Pennington (the "Cambridge School"), for the school years of September 2003 through June 2004, and September 2004 through June 2005.Ī. for the unilateral placement of their daughter K.D. This case arises under the Individuals with Disabilities Education Act ("IDEA"), and raises the issue of whether Defendant Holland Township Board of Education ("Holland Township" or "Defendant") must reimburse Plaintiffs F.D. The decision to hear additional evidence in this case followed a reversal of the Magistrate Judge's Augdecision, and was based on a review of the administrative record, which demonstrated the need to fill in gaps in that record caused by unavailable witnesses and the high cost of additional expert testimony. The decision whether to admit or exclude additional evidence in an IDEA judicial review proceeding is within the sound discretion of the trial court. For the reasons set forth below, Plaintiffs' motion for summary judgment is granted and Defendant's motion is denied. The Court has decided this appeal after considering the written submissions of the parties, and hearing additional testimonial evidence, pursuant to 20 U.S.C. The Court has jurisdiction over this matter under 20 U.S.C. This matter is before the Court on its own motion to reconsider its ApOrder denying without prejudice the parties' cross-motions for summary judgment.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |