Carl A. Solano and Joseph P. Anclien, both resident in our Philadelphia office, obtained a favorable decision from the U.S. Court of Appeals for the Third Circuit on behalf of the School District of Philadelphia.
The U.S. Court of Appeals for the Third Circuit reversed the ruling of the district court and held that the parents of a Pennsylvania student receiving special education services were not entitled to reimbursement under the Individuals with Disabilities Education Act (IDEA) for the cost of placing the student in a psychiatric facility. The court also denied the parents’ claim for compensatory education for the period when the student was at the facility. The question was one of first impression for the Court and has been raised recently in other cases across the country. The Third Circuit concluded that the purpose of the placement was not to provide the student with education, but to deal with a complex and acute medical condition that was "far beyond the capacity and the responsibility of the School District" to treat. This decision represented a complete victory for the School District.