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IEP that Eagle Hill prepared for Daniel for the 1991-92 school
year and believed that Eagle Hill met Daniel's needs.
Daniel had made little progress academically during the
3 prior years in the Portland School District. Medical
professionals had advised petitioner that there was a risk that
Daniel's emotional condition could worsen and additional
hospitalization would be necessary if he returned to public
school. Based on the psychological evaluations and advice
petitioner received, he was not satisfied with Portland's IEP and
enrolled Daniel at Eagle Hill for the 1991-92 school year. The
annual costs for Eagle Hill were about $40,000. Petitioner
requested that the Portland School District pay all or part of
Daniel's tuition. The school district refused to pay the
tuition, and petitioner initiated an administrative due process
hearing. The purpose of the hearing was to determine whether the
IEP proposed by the Portland School District for the 1991-92
school year was adequate to meet Daniel's needs and whether
residential placement was necessary. A special education due
process hearing was held in October and November of 1991. In the
administrative proceeding, petitioner maintained that a 24-hour
residential program was necessary to treat Daniel's learning
disability as well as to address his social and emotional needs.
On December 13, 1991, the hearing officer determined that
Portland's IEP for Daniel for the 1990-91 school year, during
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