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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA ) INDIANA AREA SCHOOL DISTRICT ) No. 04-1696 ) Plaintiff ) Judge Donctta W. Ambrose ) V. ) ) H.H. by and through his Parents, K.H. ) and W.H. } ) Defendants. )
CONSENT ORDER FOR AN INJUNCTION AND DECLARATORY RELIEF
1. Defendants filed a Motion for Preliminary Injunction and Declaratory Relief pursuant
to Section 1415(}) of the Individuals With Disabilities in Education Act.
2. In their Motion for Preliminary Injunction, the Defendants requested that this Court
order the District to reimburse the Defendants for their out-of-pockct expenses
associated with the student’s private placement.
3. The District filed a response to the Motion for Preliminary Injunction in which it
conceded that the District must fund the “current educational placement” for the
2004-2005 school year, but objected to the characterization of the 2003-2004 school
year monetary tuition reimbursement award as educational placement.
4. The Appeals Panei decision was issued in September of 2004 which cstablished the
one-half (42) day at the private school as the “stay-put” placement during the
pendency of these proceedings.
4. Pendency will not be at issue for the 2005-2006 school year, because the parties have
reached agreement on the educational placement for H.H.
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6. The District agrees to reimburse the Defendants $14, 800.00 which constitutes the
tuition paid for the current stay put placement during the 2004-2005 school year.
7. Based upon this payment by the District, the Defendants aver that the need for a
hearing is no longer necessary. The issue of tuition reimbursement for the 2003-2004
school year is not waived.
8. The Reimbursement and compensatory education claims for the 2003-2004 school
year as well as all other claims are still at issue in this matter and are currently before
the Court on Motions For Summary Judgment filed by each party.
WHEREFORE, the District is to make payment to the Defendants in the amount of
$14,800.00 for reimbursement of the current educational placement during the 2004-2005
school year. Payment is to be made within forty-five (45) days of this Order.
CONSENTED TO BY:
Chuatyns Hoare Christina Lane, Esquire bay Fitba hurt. Chant Chgrles W. Jélley, Esquire Pa. ID. No. 83677 Pa. ID. No. 56308 Jumead, MOS Attomey for Plaintiff Attorney for Defendant Andrews & Price Tremba, Jelley & Wheiton Ape 1500 Ardmore Boulevard 229 South Maple Avenue Suite 506 Suite 201 Pittsburgh, PA 15221 Greensburg, PA 15601 (412) 243-9700 (724) 838-7600
BY THE COURT: