Argument Against The Affirmative Defenses Essay

935 Words Nov 11th, 2016 4 Pages
Without waiving the previous Objections and Motion to Dismiss and the Affirmative Defenses, the District provides the following Response.
Petitioner has filed a 28 page document. Only seven pages address Petitioner’s actual issues. In responding only to the allegations and proposed resolutions, the District reserves the right to contest any relevant factual contentions during the hearing in this matter. The District also reserves the right to contest the sufficiency of the Complaint within the applicable timelines. The District disagrees with many of the statements and allegations presented in the Complaint. At this time the District will only generally respond to the factual issues presented and the related requirements of the IDEA for a complaint response. The District re-asserts and incorporates all of the above objections and positions that by not offering a response to each and every factual allegation made in Petitioner’s Complaint, the District in no way is waiving its right to contest any relevant factual allegations in pre-hearing conference or the due process hearing in this matter.
The District recommended and made available to Petitioner the appropriate placement and related services, at no cost to Petitioner’s parent, designed to meet her unique educational needs and to confer educational benefit in the least restrictive environment appropriate for the Petitioner at all times relevant to this Complaint. The District asserts that each relevant IEP…

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