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Knable ex. Re. Knable v. Bexley City School District
After district failed to convene an IEP meeting for student, parents unilaterally withdrew child with behavior disorder from school, enrolled in a private school and sued for reimbursement. Court held that substantive harm, resulting in a denial of a FAPE under IDEA, occurs when the procedural violations of IDEA seriously infringe upon the parents' opportunity to participate in the IEP process, and procedural violations that deprive an eligible student of an individualized education program or result in the loss of educational opportunity also will constitute a denial of a FAPE. Also, the proposed IEP failure to provide FAPE where,, interalia, , it required the parents to exhaust their own insurance coverage before it would pay for tuition at the private school.
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Date Published: 2001
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Journal/Secondary Title: Federal Reporter
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Publisher: 6th Circuit
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Volume: 238
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Year: 2001
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