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"The best day of our lives was when we found Lana L. Traynor to represent our child when we were facing expulsion from public school. We would never have accomplished what we have if Lana wasn't on our side. She is the BEST advocate that your child will ever have and truly puts the child 1st." -- Peter and Debra Pugh

Supreme Court rules in favor of special needs families

KATU News Story - 6.25.2009

Please review Lana's comments and a brief explanation of the ruling, below. The Richards family is represented by Lana L. Traynor, LLC, but was not directly involved in the Supreme Court case.

Ms. Hungerford's comments must be reviewed in context of the facts and procedural history of this case.

In Forest Grove, the District declared that the student was ineligible for special education services and refused to develop an Individualized Education Program (IEP) for him even though the evidence indicated otherwise. As a result of the District’s failure to provide the necessary and required services to their son, the Parents placed him in an appropriate private placement. They then sought reimbursement for the private placement from the District. However, the District refused to reimburse them and argued that special education laws "categorically prohibit reimbursement for private-education costs if a child has not 'previously received special education and related services under the authority of a public agency.’”

The United States Supreme Court evaluated the evidence and concluded that the District failed to provide a Free Appropriate Public Education (FAPE) to the Student as required under the Individuals with Disabilities Education Act (IDEA). The Court then analyzed (and rejected) the District’s argument that a student must first receive special education services from a public entity (e.g., a district) before parents are entitled to reimbursement for private education costs. The Court reasoned, in part, that “by immunizing a school district's refusal to find a child eligible for special-education services no matter how compelling the child’s need, the School District’s interpretation of [the applicable law] would produce a rule bordering on the irrational.”

Hope for a better future begins today… contact Lana L. Traynor, LLC, Attorney at Law, at 503.223.4147 to schedule a free initial consultation.

Lana L. Traynor, LLC / 1221 SW Yamhill Street / Suite 290 / Portland, Oregon 97205
p. 503.223.4147 / f. 503.224.3667 / e. info@traynorlawfirm.com

Lana L. Traynor, LLC, Attorney at Law, is an education attorney based in Portland and licensed in Oregon, Washington and California. Ms. Traynor works with special education and special needs students and their families across all levels of education including representation at IEP meetings, representation of students with special needs including regular education students with disciplinary issues, college students on scholarship, graduate students facing disciplinary action or expulsion, and disabled students.