The family of a special education student sued the Palo Alto Unified School District in federal court this week, alleging that the district violated federal law when it declined to provide in-home education for their child.
Palo Alto district officials disagreed, offering the child a classroom placement and saying it was "comparable."
When the family appealed, a hearing officer from the California Office of Administrative Hearing sided with the school district in a decision issued Dec. 31, 2013.
The federal lawsuit, filed Monday in the U.S. District Court in San Jose, is an appeal of that ruling.
The student, who the lawsuit said "lacks the ability to communicate verbally and has a history of severe allergic reactions to food," also has difficulty with fine and visual motor skills and sensory processing behavior.
The family's lawyer, Brian Sciacca, cites case law suggesting that the "stay-put" provision meaning the same type of educational placement as before should apply when a special education student transfers to a new district and a dispute arises about the most appropriate educational placement in the new district.
In this case, the family is seeking "continued provision of an in-home educational program designed to meet his unique educational needs arising from his disability, including 40 hours a week of ABA (Applied Behavior Analysis) therapy, two hours per week of individual speech and language services and two hours per week of individual occupational therapy services."
Asked to comment on the lawsuit, the district said in a statement: "The Palo Alto Unified School District is committed to provide educational programs that help each student achieve their unique potential. The Special Education Division believes that the recommendations they have made and that were confirmed by the judge in this process are appropriate. We will continue to work with this family to provide an appropriate educational setting for this student."
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