The state is responsible for carrying out the terms of a settlement made between a disabled student and the now-defunct charter school that had signed the agreement, a federal judge has ruled in an apparent case of first impression.
Looking to case law and the purpose behind the Individuals with Disabilities Education Act, U.S. District Judge Gerald Austin McHugh Jr. of the Eastern District of Pennsylvania held the state Department of Education, which he called the SEA, is the ultimate authority and the one to which a student would look when the local education agency, which he called the LEA, has failed to provide a free appropriate public education, or a FAPE.
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