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Thursday, January 12, 2017

Special Education Case -- "Clear Consensus" 

The Second Circuit, in A.M. v. New York City Department of Education, held that where the school district developed an Individualized Education Program ("IEP") for an autistic child, that was against the clear consensus of the substance of the evaluative materials present at the IEP meeting of the Committee on Special Education ("CSE"), such IEP failed to provide the child  with a free, appropriate public education under the Individuals with Disabilities Act.  In so holding, the Court vacated the decision of the District Court and remanded the case for a determination as to whether the placement that the parents had made was appropriate and that equitable considerations favor reimbursement for the sum that the parents had to pay for that placement.

In A.M., the evidence before the CSE showed that A.M. needed intense applied behavior analysis therapy.  The school district had declined to provide for such therapy in the IEP.

A copy of the Court's decision in this case can be found here.

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