Stephen A. Lenn and Ksenia Lenn - Page 6

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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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