Superintendent Office
Action Item |
DATE: | Tuesday, May 17, 2011 |
TO: | School Board Members |
FROM: | MaryEllen Elia, Superintendent |
SUBJECT / RECOMMENDATIONS | |
Approve the Settlement of Case No. 8:10-cv-00056-RAJ-EAJ | |
EXECUTIVE SUMMARY | |
The School Board attorney recommends the settlement of R.B., as parent and natural guardian of A.B., a minor, v. Hillsborough County School Board, according to the terms of the attached settlement agreement and authorizes the Chair to execute the agreement.
This is the settlement of the suit brought against the School Board by a parent of a student with a disability under the Individuals with Disabilities Education Act (IDEA). The parent alleged that the School Board denied the student a free appropriate public education (FAPE) and sought reimbursement for the student's private school tuition from the district for the 2007-2008 school year. The district contended, among other things, that, because the student had no association with the District or been assessed and determined eligible by the district for special education and/or related services, the School Board did not deny FAPE. Pursuant to the attached agreement, for settlement purposes only, the School Board will pay the parent $35,000.00, a lump sum amount which is less than the estimated costs of further defenses for three school years, in exchange for the parent's agreement to forego further litigation of these claims and not to bring certain other claims in the future. The parent will release the School Board from all claims under the IDEA related to the student for the 2007-2008, 2008-2009, and 2009-2010 school years. |
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STRATEGIC OBJECTIVES | |
FINANCIAL IMPACT (Budgeted: No) | |
$35,000.00 lump sum payment. | |
EVALUATION | |
SUBMITTED BY: School Board Attorney |
Thomas M. Gonzalez | ||
School Board Attorney (813) 273-0050 |
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A 8.02 | ||
Hillsborough County Public Schools (Florida) * Mtg.#20110517_459 (Board Meeting) * Section A Item# 8.02 |