By Rebeca Dorna | Communications
Y.R.M. is a student enrolled in Puerto Rico's Special Education Program with diagnoses that include attention deficit hyperactivity disorder (ADHD) and specific learning disabilities, among others. To ensure he received an appropriate education, the Department of Education placed him in a private school when suitable alternatives were unavailable within the public school system.
Although the placement was funded by the Department of Education, Y.R.M.'s mother was required to pay for the student's school lunches. Believing that these costs should be covered as part of her son's right to free and appropriate public education under the Individuals with Disabilities Education Act (IDEA), she filed a complaint against the Department.
The Department argued that meal services were not a required benefit and sought dismissal of the complaint. Unable to absorb these additional expenses, the family turned to Puerto Rico Legal Services for help.
Our Special Education Project undertook the representation, advocating for the student's right to receive all services necessary to ensure equal access to education, including meal services that are routinely provided to students in the public school system.
Because the facts of the case were undisputed, the parties agreed that the issue was purely a question of law. Following legal briefing by both sides, the Administrative Forum ruled in favor of the student.
The decision affirmed that a student placed in a private school by the Department of Education due to the lack of appropriate public-school alternatives must receive the same benefits available to students in the public system, including free meal services. The Department was ordered to reimburse the mother $1,212.20 for lunch expenses she had already paid and to recognize meal services as an authorized benefit for similarly situated special education students placed in private schools.
This outcome removed a financial burden from the family and established an important precedent that promotes equal treatment for students with disabilities. Through specialized legal advocacy, Puerto Rico Legal Services helped ensure that a vulnerable student received the full educational benefits to which he was entitled.
Because of donor support, families facing educational barriers can access high-quality legal representation at no cost, helping students with disabilities obtain the services they need to succeed in school and ensuring that economic hardship does not stand in the way of educational opportunity.
By Rebeca Dorna | Communications
By Rebeca Dorna | Communications
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