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· 10/25/2023

People v. Hupp

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that parents may be reimbursed for private-school placement when a school district fails to provide a FAPE even where the student has never received instruction in the public school
  • holding that IDEA does not “categorically bar” private- tuition reimbursement for a FAPE deprivation if the child has not yet attended a public school
  • holding that parents may send their child to a private program and seek retroactive tuition reimbursement from the state
  • noting that the IDEA “gives courts broad authority to grant ‘appropriate’ relief’
  • noting instance of unreasonableness where “the parents failed to give the school district adequate notice of their intent to enroll the child in private school”
  • applying the canon to a statute that we had previously interpreted and that Congress had reen- acted without material change

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.