Courtney T. v. School District of Philadelphia, No. 08-2676
In an action for tuition reimbursement under the Individuals with Disabilities in Education Act, district court judgment is affirmed in part and reversed in part where: 1) plaintiffs are not entitled to tuition reimbursement for plaintiff's placement at a long term psychiatric residential treatment center as the center cannot be considered an appropriate placement for tuition reimbursement purposes; and 2) plaintiff is not entitled to compensatory education for the period during which she was in the center's acute care ward as the failure to reevaluate her educational needs and develop a new IEP was attributable to the acute nature of plaintiff's medical condition.
Appeal from the United States District Court for the Eastern District of Pennsylvania.
Argued April 14, 2009
Filed July 31, 2009
Before: MCKEE, SMITH, Circuit Judges and STEARNS, District Judge.
Opinion by SMITH, Circuit Judge.
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