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Administrative Law Keyed to Funk
Doe v. Boston Public Schools
Citation:
358 F.3d 20 (2004)Facts
Jane Doe, a nineteen-year-old Boston resident with severe mental disability, was entitled to special education services under IDEA. Initially, she received education at McKinley Vocational High School, a public school in Boston. While hospitalized in December 2001, Doe’s father requested that she be placed at a private residential school. Boston rejected this request and offered to continue her schooling at McKinley. After unsuccessful mediation before the Bureau of Special Education Appeals (BSEA), Doe filed for a hearing and requested placement at a small therapeutic day school. Just before the scheduled BSEA hearing on October 9, 2002, Boston presented Doe with an Individualized Education Program (IEP) that provided for placement at Bay Cove Academy, the private therapeutic day school she sought. Doe accepted the offer but was unable to have the hearing officer read the placement into the record or sign it. After her motion to affirm the placement as a final judgment was denied, Doe filed a complaint in district court seeking attorneys’ fees.
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