law and would shift the financial burden for educating a handicapped child from the government to the individual handicapped child's parents. DCPS' failure to comply with the law as well as basic fairness requires that DCPS reimburse plaintiffs for the tuition they paid for Leslie Shirk's 1989-90 education. See Burlington, 471 U.S. at 374.
For the forgoing reasons, the Court will grant plaintiffs' motion for summary judgment and will direct the defendant to reimburse plaintiffs for the money they paid for the 1989-90 school year. This Court will also grant plaintiffs the declaratory relief they seek which would keep Leslie at KDS as an appropriate "current educational placement" for the 1990-91 school term, as there has been no case made for changing her placement at this time.
An Order accompanies this Opinion.
ORDER - February 14, 1991, Filed
Upon consideration of plaintiffs' motion for summary judgment, defendants' motion to dismiss, the oppositions thereto, oral argument, and the entire record in this case, it is hereby
ORDERED, that defendants' motion to dismiss is denied; and it is further
ORDERED, that plaintiffs' motion for summary judgment is granted and judgment is entered for plaintiffs against defendants; and it is further
ORDERED, that defendants shall reimburse to plaintiffs the tuition and other costs associated with Leslie Shirk's attending the Kingsbury Day School during the 1989-90 school year; and it is further
ORDERED, that Kingsbury Day School is and shall be the "current educational placement" for Leslie Shirk; and it is further
ORDERED, that plaintiffs are the prevailing party within the meaning of 20 U.S.C. § 1415(e)(4)(B) and they shall file a motion for attorneys' fees within two weeks of the date of this Order.
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