United States Fifth Circuit

In plaintiff's appeal from the district court's denial of tuition reimbursement for private preschooling under the Individuals with Disabilities Education Act (IDEA), the order is affirmed where: 1) the school district discussed the potential harmful effects of plaintiff's placement in a special educational environment; 2) defendant considered whether plaintiff's Individualized Education Plan (IEP) could be satisfactorily implemented in a regular classroom; and 3) the lack of extended school year services was part and parcel of plaintiff's IEP, and he was thus required to give notice to defendant of his intent to reject the terms of his existing IEP.

Appellate Information

• Decided 05/28/2010
• Published 05/28/2010

Judges

• JERRY E. SMITH, Circuit Judge:, Before JONES, Chief Judge, SMITH and ELROD, Circuit Judges.

Court

• United States Fifth Circuit

Counsel