stating, “we do not reach, nor do we express an opinion on, whether the 26 No. 07-20817 State defendants are entitled under IDEA to reimbursement” if the private placement is held to have been unnecessary
How later courts described this case
- stating, “we do not reach, nor do we express an opinion on, whether the 26 No. 07-20817 State defendants are entitled under IDEA to reimbursement” if the private placement is held to have been unnecessary
- following Gadsby in holding that the district court did not abuse its discretion in holding the State Agency liable for the costs of the plaintiff's education
Written by the judges who cited it.
The opinion
KING, Circuit Judge,
specially concurring:
I concur in the judgment and in the opinion, except for Parts II.B and II.C, which contain dicta implying that the Louisiana Department of Education may be entitled to recoup from the Slocums all or part of the expenses that it incurred in paying for the Heartspring placement during the stay-put period. Resolution of these interlocutory appeals does not require us to address the issue of whether and under what circumstances the IDEA may authorize the Department’s recoupment of costs incurred during the stay-put period.