B. THE DISTRICT COURT ERRED IN HOLDING THAT K.W. WAS NOT A PARENTALLY-PLACED PRIVATE SCHOOL STUDENT.
The IDEA specifies three private school placement categories for children with disabilities as described above. The district court did not examine all three categories in determining K.W. placement category but for purposes of clarity, the Appellant shall address all available IDEA private school placement options for students with disabilities. The first category codified at 34 C.F.R. §§ 300.145-147 pertains to students who are placed in a private school by their school district when the student’s disability is so significant in nature that the student cannot access their education in the public school setting with the aids and services available may a school district place a student in private school through the IDEA. It is undisputed that Dallas ISD did not refer or place K.W. at the Winston School and therefore K.W. is not a student placed in a private school in accordance with 34 C.F.R. §§ 300.145-147.
The second codified …show more content…
Admin. Code §89.1096(b); 34 C.F.R. § 300.130. If the local district determines that it can offer a FAPE to the student, “the district is not responsible for providing educational services to the student, except as provided in 34 C.F.R. § 300.130-300.144.” 19 Tex. Admin. Code §89-1096(b). “When a parent “unilaterally withdraws their child from public school and enrolls them in a private school, the parent is entitled to reimbursement if a hearing officer or court later determines that the private school education was “otherwise proper under IDEA,” even if it did not meet each specific IDEA requirement. Michael Z, 580 F3d at 295 (citing Carter, 510 U.S. at
The IDEA specifies three private school placement categories for children with disabilities as described above. The district court did not examine all three categories in determining K.W. placement category but for purposes of clarity, the Appellant shall address all available IDEA private school placement options for students with disabilities. The first category codified at 34 C.F.R. §§ 300.145-147 pertains to students who are placed in a private school by their school district when the student’s disability is so significant in nature that the student cannot access their education in the public school setting with the aids and services available may a school district place a student in private school through the IDEA. It is undisputed that Dallas ISD did not refer or place K.W. at the Winston School and therefore K.W. is not a student placed in a private school in accordance with 34 C.F.R. §§ 300.145-147.
The second codified …show more content…
Admin. Code §89.1096(b); 34 C.F.R. § 300.130. If the local district determines that it can offer a FAPE to the student, “the district is not responsible for providing educational services to the student, except as provided in 34 C.F.R. § 300.130-300.144.” 19 Tex. Admin. Code §89-1096(b). “When a parent “unilaterally withdraws their child from public school and enrolls them in a private school, the parent is entitled to reimbursement if a hearing officer or court later determines that the private school education was “otherwise proper under IDEA,” even if it did not meet each specific IDEA requirement. Michael Z, 580 F3d at 295 (citing Carter, 510 U.S. at