- 11 - As part of his argument that the legal expenses were necessary to obtain medical care for Daniel, petitioner contends that it was medically necessary to place Daniel in a residential program to treat his physiological problems. Petitioner presented credible medical evidence of the severity of Daniel's developmental disorder and the need to place him in a residential facility. Conversely, respondent argues that the residential program was not necessary to treat Daniel's medical condition. Respondent maintains that the independent hearing officer found that residential care was not required for Daniel and that this decision was affirmed by the U.S. District Court and the U.S. Court of Appeals for the First Circuit. The question of whether Daniel needed to be placed in a residential program was resolved in petitioner's earlier suits against the Portland School District, and it is not necessary for us to reconsider that issue here. Petitioner has been permitted to deduct the costs of the tuition at Eagle Hill as a section 213 medical expense. The issue in this case is not whether enrollment at Eagle Hill was necessary to alleviate Daniel's medical condition. Rather, we must determine whether the legal expenses were directly or proximately related to the medical care that Daniel received at Eagle Hill. This question can be answered without determining whether the residential care at Eagle Hill was necessary to treat Daniel's medical condition.3 3 The cost of attending Eagle Hill School would also be deductible without a determination that Daniel's attendance at (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011