Tuesday, August 9, 2022 | Back issues
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Ninth Circuit Reverses Special Ed Cost Ruling

SAN FRANCISCO (CN) - The Forest Grove School District in Oregon might have to reimburse a former student under federal disability law for the costs of attending a private school, the 9th Circuit ruled, even though he was never enrolled in the district's special education classes.

The teen's family sent him to a boarding school in Prineville when his public education stalled. He smoked marijuana frequently and was diagnosed with ADHD, depression and a math disorder.

His family argued that the district should pay his private-school expenses under the Individuals with Disabilities Education Act, despite the fact that he never participated in Forest Grove's special education program.

The court voted 2-1 to reverse dismissal of his claims, citing errors in the district court's evaluation of the equitable considerations that would affect reimbursement.

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