Friday, December 20, 2013

Is Washington DC Out Of Whack- Part II

English: US Capitol as seen from 1St NW, Washi...
(Photo credit: Wikipedia)

As we introduced in the previous post on this topic something seems awry in the nation's capitol.  Since our last post, Congress compromised on a budget so maybe we should take the credit!

But the topic here is that the relief in special ed cases in DC is light on analysis. Particularly in the area of prospective placements.

In most other states relief for a parent showing a denial of FAPE only rarely includes an award of prospective relief.  For example, in Sch Dist of Philadelphia (LV) 112 LRP 57850 (SEA Penna 11/18/12) the hearing officer found a denial of FAPE and awarded compensatory education, but the HO denied the parent request for a prospective private school placement. The HO ruled that parent’s evidence did not show that the school district could not provide an appropriate educational program in the future or that the student required that level of restrictiveness of a public school.  Contrast some DC cases from the same year in which the hearing officer awarded prospective private placement upon finding denial of FAPE with little or no analysis, District of Columbia Public Schs  112 LRP 47403 (SEA DC 6/12/12); District of Columbia Public Schs 112 LRP 36627 (SEA DC 5/1/12); District of Columbia Public Schs 112 LRP 30088 (SEA DC 3/28/12).

I'm wondering why the relief awarded in DC seems to be out of whack? Any theories?
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