Counsel for Student: Meagan M. Nunez and Jennifer L. Varga

Counsel for District: Jonathan P. Read and Juliana Mascari

Representative for District: Brian Spry

ALJ: Paul H. Kamoroff

Date of Decision: March 15, 2023

Significant areas of law: District is not required to provide student a FAPE during student’s private placement by parents.

ISSUES:

• Was District required to provide student a FAPE during his private placement?

FACTS OF THE CASE:

• Student was 16 years old and was eligible for special education under the category of emotional disturbance. Student was privately placed by parents from September 2020 to December 2021 and re-enrolled in the NPS in January, 2022.

CONCLUSION:

• District WAS NOT required providing student a FAPE during his private placement.

Rationale:

• Private school children with disabilities, do not have an individual entitlement to a FAPE. (34 C.F.R. § 300.137; Capistrano Unified Sch. Dist. v. S.W., 21 F.4th 1125, 1138 (9th Cir. 2021), cert. denied, (Capistrano).)
• Private school children with disabilities, do not have an individual entitlement to a FAPE. (34 C.F.R. § 300.137; Capistrano Unified Sch. Dist. v. S.W., 21 F.4th 1125, 1138 (9th Cir. 2021), cert. denied, (Capistrano).)
• Parents’ notice of private placement did not request the NPS to develop an IEP for Student.

REMEDIES/ORDER:

• None.