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Private Placement Decision Upheld on Two Appeals

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Susan C. Freedman

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sfreedman@goodwin.com
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Karen T. Staib

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kstaib@goodwin.com
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Plaintiff sued the West Hartford, Connecticut Board of Education for funding of a residential placement for plaintiff's son in order to receive an appropriate education under the Individuals with Disabilities Education Act (IDEA). At the administrative hearing, the Hearing Officer found for the Board, holding that the Board's offer of a program in the high school the student would otherwise attend with special education and regular education services was an appropriate program for the student in the least restrictive environment. The plaintiff appealed the hearing officer's decision to the United States District Court of Connecticut in which the decision for the Board of Education was upheld. The plaintiff sought judgment in the United States 2nd Circuit Court of Appeals which upheld the lower courts' rulings. A.S. v. Board of Education of West Hartford, 35 IDELR 179 (D. Conn 2001) 2d Cir. 2002.

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