By Rebeca Dorna | Communications
Driven by our mission, we’ve secured another success for students with special needs.
Y.Y.R.M. is a student registered in the Special Education Program due to a diagnosis of attention deficit with hyperactivity, specific learning problems in reading, writing, mathematics, and oppositional defiance.
His mother filed a complaint against the Department of Education, invoking the Federal IDEA Law to request reimbursement for the cost of meals (lunches) provided by the private school where the student was placed by the Department of Education to receive a free and appropriate public education.
The agency’s position was that the student was not entitled to this service and that the provision of meals was not mandatory; therefore, it requested that the complaint be dismissed. As a result, the mother had to cover those expenses.
The Special Education Project of Legal Services of Puerto Rico assumed legal representation and defended the student’s right to receive a free and appropriate public education (FAPE), including meal services, as provided to students in the public system.
During the administrative process, the parties agreed that there were no factual disputes and that the discussion was strictly a matter of law. The Administrative Forum ordered the parties to submit legal memoranda supporting their positions.
Thanks to legal intervention, the Administrative Forum ruled in favor of the complaint. It determined that the student, placed in a private school due to lack of alternatives in the public system, should enjoy the same rights as public school students, including free access to meal services. The Department of Education was ordered to reimburse the mother for lunch payments in the amount of $1,212.20 for the school year, and it was established that these services must be among those authorized for students placed in private schools under the special education program.
This case exemplifies how specialized legal advocacy can remove economic barriers and ensure equal access for vulnerable students, generating a direct and positive impact on their lives and those of their families.
As we continue to defend the rights of Special Education, we thank you for helping us continue meet our students’ challenges.
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