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Decision Number
259
Book
29
Month
January
Year
2020
In RE
N.M.-B.
Appellant
C.B. and T.M.-B.
Appellee
CSD and AEA
Full Text
Summary

A three-day hearing was conducted at the AEA beginning September 30, 2019. The relevant issues were found to be whether Respondents made a free appropriate public education (FAPE) available to the student prior to his enrollment in the out-of-district school for 2019-2020 academic year; If FAPE was not made available, whether the private enrollment is proper under the IDEA; If private enrollment is found to be proper, whether tuition reimbursement should be reduced or denied; If the parents failed to provide timely noticed of private enrollment, whether complainants have satisfied the exception to the timely notice under the statute by showing the student would have faced serious emotional harm.

The Complainants have not proven that the Respondents violated the IDEA as alleged in the due process complaint. As a result, the Complainants' requested relief is denied, and the due process complaint is dismissed.