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Remedies Keyed to Kovacic-Fleischer, 8th
Borough of Palmyra Board of Education v. F.C.
Citation:
2 F. Supp. 2d 637 (1998)Facts
F.C. is a 15-year-old student residing within the Palmyra Board of Education District who has been diagnosed with severe Attention Deficit Hyperactivity Disorder. His parents suspected ADHD as early as November 1992 and informed the Board. In April 1993, the Board confirmed the diagnosis but determined F.C. ineligible for IDEA services, not informing parents of potential Section 504 eligibility until June 1994. The Board produced a Section 504 plan in April 1995, but parents alleged it failed to address F.C.’s unique academic and affective disorders and was never fully implemented. Dissatisfied with the Board’s efforts, parents sought an administrative hearing in October 1996 and placed F.C. at Hill Top Preparatory School in February 1997. After a seven-day hearing with sixteen witnesses, the ALJ issued a 43-page opinion finding the Board’s Section 504 plan “seriously deficient” and ordering reimbursement for private placement costs. The Board appealed but did not seek a stay until March 1998, and refused to comply with the ALJ’s order or submit an acceptable revised plan.
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