This month’s update identifies recent court decisions that illustrate the significance, in some cases, of the parties’ course of conduct as perceived by the court. This judicial balancing of reasonableness and good faith, referred to as the “equities,” is not limited to the remedies, such as tuition reimbursement. It also extends with less frequent prominence to the underlying merits, such as the determination of “free appropriate public education” and “least restrictive environment” (LRE).
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Perry A. Zirkel 