Labels:book | reckoner | sky OCR: Trident Academy was 10u approved. Pet. App. lla-12a. In fact. Trident could nor receive State approval because employed uncertified teachers violation of State law and failed implement IEP by Nonetheless, the court of appeals found that this failure of Trident to eet the statutory definition of FAPE was not "fatal tr the Tequest for reimbursement Pet APP The court did recognize conflicting decisions among the courts of appeals on the precise question before it whether reimbursement proper under the Act for private school chosen by the parents that does 10t1 have approval Pet App. 15a. Rejecting the position taken by the Second Circuit in Tucker Bay Shore Union Free Sch. Dist., 873 F .2d 563 {2d Cir 1989) the court construed the language 20 1413(a)(4)(B) which addresses the ments of State P ...
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