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What we seek
Please click in the areas below to see past and current research projects, consultancies and the other activities the Centre is involved with.
Researchers in the Centre undertake research and consultancies broadly pertaining to four wide-ranging but interrelated streams: sustainability, capacity development, non-profit management and leadership, management education.
Resourcing Rural Livelihoods Kenya
Murdoch Chief Investigators: Drs Rochelle Spencer, Martin Brueckner
Partner Investigators: Dr Julius Muia (DG Kenya Vision 2030)
Period: 2017-
This is a new collaboration between Business 4 Development, Base Resources, Cotton On and Strathmore University. We are co-authoring a case study on the LINC model and in what ways it catalyses and co-creates inclusive business ventures and pro-poor value chains in Kwale Kenya. Through empirical research, we explore how partnerships between the private sector, other sector partners and local communities addressing rural poverty, and in what ways such development efforts might create shared value partnerships to advance economic and social conditions of the rural poor.
Agroenterprise Africa
Murdoch Chief Investigators: Dr Davina Boyd, Dr Rochelle Spencer, Dr John Davis
Partner Investigators: Dr Catherine Mthinda (LUANR), Dr Charles Masangano (LUANR), Dr Geoff Heinrich (Catholic Relief Services)
Funding: Australian Development Research Award (Category One)
This is a six-year research project explores the processes and experiences underpinning two innovative models to develop capacity of smallholder farmers to connect with markets in order to improve rural livelihoods. The participatory action inquiry is longitudinal involving qualitative research with smallholder farmer groups, NGOs and other in-country stakeholders with the intention to refine the models based on participatory approaches and the integration of local knowledge into the refinement process (endogenous development). The project focuses on case studies of five projects across Malawi and Zambia that use the SMART Skills and PSP delivery model. Outputs: policy briefs, field reports, knowledge sharing workshops with stakeholders in-country, conference papers, journal article submitted to World Development Perspectives.
Indigenous Social Enterprise, northeast Arnhem Land
Murdoch Chief Investigators: Drs Martin Brueckner, Rochelle Spencer
Partner Investigators: Gareth Wise (Nuwul Environmental Services), Banduk Marika (Rirratjingu Aboriginal Corporation)
Funding: Murdoch University Small Research Grant, School Business and Governance Small Research Grant
'Closing the Gap' between Aboriginal and non-Aboriginal Australians is a long-running federal government policy priority. Against this background, this research explores the role of social entrepreneurship in remote Aboriginal communities in NE Arnhem Land (NT), focusing on initiatives currently underway at Nuwul Environmental Services in the town of Yirrkala. This small community-run social enterprise provides employment and training opportunities for local Yolngu whilst also working to maintain cultural knowledge and providing critical environmental services. The aim of the research is to identify whether social entrepreneurship contributes to the success of these local initiatives and to determine the transferability to Indigenous communities elsewhere. This research expanded to include a small study for Miwatj Aboriginal Health. Outputs: local stakeholder analysis; service and adaptive capacity mapping in the Aboriginal community of Yirrkala; a social audit of Nuwul Environmental Services presented to the Rirratjingu Board for use in their strategic planning. Four journal articles with one receiving the Emerald Literati Award 2017.
Nonprofit Management and Leadership
Key teaching, research and consulting within the Centre include volunteering, nonprofit management and leadership. Core research capabilities include nonprofit governance, corporate volunteering, bullying in volunteer settings, evaluations, training for nonprofits. Nonprofit Management and Leadership research projects include:
The Jacaranda Project: Volunteering in aged care settings
Murdoch Chief Investigators: Dr Megan Paull and A/Professor Antonia Girardi
Partner Investigators: Volunteering WA, Aged Care Volunteer Co-Ordinators Network
Funding: Through Volunteering WA – Murdoch University, VWA, Amana Living, Southcare, Juniper
Partner Organisations: Council on the Ageing
This pilot project is a collaboration between Volunteering WA, Amana Living, Juniper and Southcare who have provided seed funding for us to work with the Aged Care Volunteer Co-Ordinators Network and Council on the Ageing (WA). The pilot is examining the changing nature of volunteering in aged care settings associated with both new funding models such as consumer directed care, and the influence of an ageing population. It is anticipated that this pilot will inform a larger grant application.
Valuing Volunteer Managers
Partner Organisations: Volunteering WA, Volunteering Queensland
Period: 2016- 2018
This project examines the contribution and role of this largely forgotten group of nonprofit staff. Workshops in WA and Queensland have included volunteer managers from metropolitan and regional locations with a view to looking at their engagement, motivation, performance and careers in the nonprofit sector.
Workplace Bullying in Volunteer Settings
Murdoch Chief Investigators: Dr Megan Paull
Partner Investigators: A/Prof Maryam Omari (ECU), Dr Kate Blackwood (Massey, NZ), Volunteering Australia, Volunteering Western Australia, Volunteering Queensland, Volunteering SA/NT and Volunteering New Zealand
A follow up to a West Australian pilot, this project examines the nature, type and incidence of bullying in volunteer settings, with the evidence from the pilot being that this is similar to workplace bullying but with some elements which are unique to volunteer settings. Outputs: Publications from pilot: Paull, M. & Omari, M. (2015). Dignity and respect: Important in volunteer settings too! Equality, Diversity and Inclusion 34 (3) 244-255; Paull, M. & Omari, M. (2014). Organisational (mis)behaviour of volunteers: Profiles and perspectives. In M. Oppenheimer, & J. Warburton (Eds.), Volunteering in Australia. Sydney: Federation Press.
https://www.federationpress.com.au/bookstore/book.asp?isbn=9781862879836
Volunteering to Learn
Murdoch Chief Investigators: Dr Megan Paull and A/Prof Judy MacCallum
Partner Investigators: A/Prof. Kirsten Holmes (Curtin), Dr Susan Young (UWA), A/Prof Debbie Haski-Leventhal (Macquarie), A/Prof Maryam Omari (ECU), Scott (RMIT), A/Prof Judy MacCallum (Murdoch)
Funding: Australian Government Office for Learning and Teaching
The key focus of the project was volunteering by university students, with particular reference to Work Integrated Learning. It was the first project of its type to look at the tripartite relationship between universities, students and host organisations.
Project Website: http://www.murdoch.edu.au/projects/volunteeringtolearn/
Project Resources: Good Practice and Concept Guides for University Student Volunteering: Terminology, Learning, Students, Host Organisations, University Program Managers, Senior University Staff, Potential Employers
Selection of Outputs: Paull, M., Omari, M., MacCallum, J., Young, S., Walker, G., Holmes, K., Haski-Leventhal, D., & Scott, R. (2017). Matching expectations for successful university student volunteering. Education + Training 59 (2) 122-134; Paull, M., Scott, R., MacCallum, J., Walker, G., Omari, M., Young, S., Haski-Leventhal, D., & Holmes, K. (2015). University Student Volunteering: What's in a name? Third Sector Review 21 (2) 49-74; Paull, M., Omari, M., Scott, R., Young, S., Haski-Leventhal, D., Holmes, K., MacCallum, J., & Walker, G. (2016). Hosting University Student Volunteers: Avoiding Disappointment. Paper presented at International Society for Third Sector Research (ISTR) 12th Annual Conference, Stockholm, Sweden, June 28- July 1; Paull, M., Omari, M., MacCallum, J., Young, S., Walker, G., Holmes, K., Haski-Leventhal, D., Scott, R. (2015). Hosting university student volunteers: Great expectations. Paper presented at Managing for Peak Performance, 29th Annual ANZAM conference, Queenstown, New Zealand, 2-4 December.
Developing a predictive model for collective engagement: a study in the healthcare sector
Murdoch Investigators: A/Prof. Antonia Girardi, Dr Megan Paull, Danny Toohey, Dr Craig Whitsed
Partner Investigators: St John of God Hospital Murdoch; Professor Leanne Monterrosso Notre Dame University
Working with a local nonprofit hospital, this project looked at engagement of caregivers, based on employee satisfaction survey feedback. Barrick et al (2015) propose a model of collective engagement. In this model, engagement is influenced by three main drivers – motivating work designs which are high on job autonomy and feedback; work practices that are seen by employees as promoting investments in people; and transformational leadership behaviours which align organisational goals and strategic direction. Application of this model is the subject on ongoing publication development.
Nonprofit Governance
Murdoch Investigators: Dr Megan Paull, Anne Clear, A/Prof David Holloway, John Griffiths and Professor Manzurul Alam
Funding: Murdoch Business School Small Project Grant
Work undertaken with two nonprofit disability services organisations led to the development of the "hourglass" model of governance, the findings of which have been presented to the sector including at an "Unconvention" hosted by the Young Leaders in Aged and Community Boards program. Outputs: Paull, M., Clear, A., Holloway, D., Griffiths, A., & Alam, M. (2015). Nonprofit governance: The shape of board organisation communication. Paper presented at Managing for Peak Performance, 29th Annual ANZAM conference, Queenstown, New Zealand, 2-4 December.
Cross Cultural Perspectives on Workplace Bullying
Partner Investigator: Associate Professor Maryam Omari (ECU), Professor Premilla D'Cruz (Ahmedabad Institute of Management, India; Associate Professor Burcu Guneri Cangarli (Izmir University of Economics, Turkey)
This international collaboration has investigated different experiences of workplace bullying including the different perspectives of targets, bystanders and those accused of bullying behaviours. Outputs: D'Cruz, P., Paull, M., Omari, M., Guneri Cangarli, B. (2016), Target experiences of workplace bullying: insights from Australia, India and Turkey, Employee Relations: The International Journal, 38 (5) 805 – 823; Omari, M. Paull, M. , D' Cruz, P. & Guneri-Cangarli, B. (2014). Fair game: the influence of cultural norms in creating sanctioned targets in the workplace. Paper for the 9th International Conference on Workplace Bullying & Harassment, Milan, Italy, June 17-21.
Experiences of Managing Wealth, Growth and Expectations: Sustainable Development of extractive resources industries.
Murdoch Chief Investigators: Drs Rochelle Spencer and Martin Brueckner
Partner Investigators: Dr Eduardo Pereira (Strathmore University)
Period: 2018 –
This is an international book project collaboration. The book is an intended space for the explorations of how concepts of sustainable development in the extractives industries may be achieved via state wealth funds, local content policies and CSR practices and what experiences and challenges are being experienced in different parts of the world that might inform equitable and sustainable development for the communities directly adjacent to extractives operations and the wider society and environment. This volume seeks to contribute to the much-needed debate on the role and governance of state wealth funds particularly in the context of rising social and environmental stakes and global calls for sustainable development. This edited compendium offers a variety of disciplinary outlooks on the topics of state wealth distribution, sovereign wealth funds, local content policies, CSR practices, sustainable development and extractive resources industries with individual contributions focusing on the implications for specific countries exploring associated challenges and opportunities.
We divide this book into three parts. The first part addresses key topical issues related to public wealth management and distribution, local content policies and corporate social responsibility (CSR) practices within the extractive resources industries. The second part addresses regional and local aspects in key selected extractive resources jurisdictions. The final part engages with some of the challenges and contradictions previous chapters unearth relating to the use of state wealth management and distribution, local content policies and CSR practices for sustainable development of extractive resources industry. It offers concluding remarks and outlines the imperative for heeding lessons from the global experiences to improve outcomes for poverty alleviation, reduced inequality, and sustainable development.
The countries focused on include: Alaska, Angola, Australia, Brazil, Canada, Colombia, Indonesia, Kenya, Nigeria, Norway, Qatar, Russia and South Africa. Shortly the editors will be sending a Call for Contributors. In the meantime if you are interested in being an author please contact Rochelle Spencer: rochelle.spencer@murdoch.edu.au
NCCARF SEI Network
Murdoch Chief Investigators: Dr Rochelle Spencer, Dr Martin Brueckner
Partner Investigators: Prof Tim Smith (Lead CI, USC), Prof Barbara Norman (Uni of Canberra), Dr Melissa Nursey-Bray (Uni of Adelaide) and Philip Rist (Girringun Aboriginal Corporation), Dr Samuel Wilson (Swinburne), Dr Dana Thomsen (USC)
Funding: National Climate Change Adaptation Research Framework (Category 1)
The key focus of this project is to develop a social, economic, and institutional dimensions network around climate adaptation nationwide. The network collaboratively works to undertake knowledge transfer, develop uptake and application of information and tools, and increase the capacity of adaptation end-users to use research outputs. Outputs: Peer Learning Events with practitioners across Australia, one Early Career Researcher and Practitioner all-day workshop at the Coast-to-Coast Conference in Melbourne, launch of the National Adaptation Research Plan and the CoastAdapt Tool with policy makers, practitioners and researchers working in climate change. CoastAdapt is an online resource for coastal climate risk management framework to support climate adaptation on our coasts.
Pathways to Renewable Energy Transitions: A German-Australian Comparison
Murdoch Chief Investigators: Dr Martin Brueckner
Partner Investigators: Dr Marion Hitzeroth (KIT Germany), Dr Mathias Jehling (KIT Germany)
Funding: European CAESIE, KIT Collaboration Grant
This international research collaboration with colleagues from the Regional Research Institute at Karlsruhe University in Germany is funded through European CAESIE-funding (see http://caesie.org). The project, which involves German and Australian researchers, SMEs and local councils, focuses on a bilateral comparison of alternative energy transitions in Germany and Australia. An FP7 grant application to the European Research Commission is being prepared. Output: Hitzeroth, M. Jehling, M. & Brueckner, M. (in print). Apples and oranges? Comparing social acceptance of renewable energies in Germany and Australia: A local approach. International Journal of Global Energy Issues (IJGEI).
Industry Community Relations in Yarloop
Murdoch Chief Investigator: Dr Martin Brueckner
Funding: School of Business and Governance Small Research Grant
The project was applied social research undertaken to document and analyse the long-standing conflict between the community of Yarloop (represented by the Community Alliance for Positive Solutions) and Alcoa World Alumina in Western Australia. Focus was directed to the period from 1996 to 2006 during which Alcoa extended its production capacity and sought to further increase its output potential, which gave rise to community disquiet in relation to, inter alia, health and environmental impacts. Data derived from interviews conducted with Yarloop community members, members of the State government and industry as well as data taken from media content and the academic literature provided the basis for this study. Outputs: Papers have been published in Business Ethics: A European Review; chapter in Resource curse or cure: On the sustainability of resource development in Western Australia and book: Under corporate skies: A struggle between people, place, and profit. Western Australia.
University of Sunshine Coast - Research Collaboration Grant
Partner Investigators: Dr Dyann Ross (USC) Olivia Efthimiou (Murdoch)
Funding: University of the Sunshine Coast Collaboration Grant
A research collaboration funded by University of Sunshine Coast on industry-community relations in the South-West of Western Australia. Specifically, the study explores Wagerup conflict involving Alcoa World Alumina and members of the Yarloop community. The project is linked to research currently undertaken by Bruecker and Ellis & Brueckner.
Partner Investigators: Dr Neville Ellis (UWA)
Project funded by School of Business and Governance exploring changes to residents' sense of place in the town of Yarloop (WA) following devastating bushfire in early 2016. Data for this project, funded by School of Business and Governance, has been collected and is currently being analysed. Likely outputs will include the publication of a book and a journal article.
Responsible Management Education
As a signatory to the United Nations Principles in Responsible Management Education (UN PRME) the School of Business and Governance through The Centre for Responsible Citizenship and Sustainability have committed to the continuous development of learning methodologies and delivery of curriculum that embeds business education in understanding social, ecological and economic priorities. Researchers undertake qualitative, quantitative and mixed methods research across a full spectrum of projects in the field of management education.
Access to Work Integrated Learning: Influence of Communities of Practice
Partner Investigators: Chief Investigator Natalie Lloyd (Curtin) and Sally Male (UWA)
Funding: National Centre for Student Equity in Higher Education (granted September 2017)
This collaboration with Curtin and UWA looks at the WIL component of engineering student placements including in volunteer settings.
Volunteering experience and employability of graduates in Accounting and Engineering
Murdoch Chief Investigators: Jo Kestel, Dr Megan Paull
Partner investigators: Dr Natalie Lloyd (Curtin), Kym Schier (Curtin)
This collaboration looks at employer and student perspectives on the contribution of volunteering experience to employability.
Understanding satisfaction with the Internship programs
Murdoch Chief Investigators: Jean Wootton, Dr Ingrid O'Brien, Dr Megan Paull
Period: 2017 -
This project is investigating the levels of business and student satisfaction with internship/work integrated learning programs across the key areas of 'Preparedness', 'Selection',' Support', 'Implementation', and 'Review' with a view to informing further development of these programs.
Employer Perspectives on Graduate Skills
Murdoch chief investigators: A/Prof Antonia Girardi, Dr Megan Paull, Dr Craig Whitsed
Partner investigators: A/Prof Maryam Omari (ECU); Dr Madeleine Ogilvie (ECU)
This project is examining what employers demand of graduates; and their perceptions about the role of higher education in preparing graduates for work. To date the project has examined those attributes sought by employers when recruiting graduates, as well as seeking feedback from HR professionals involved in the graduate recruitment process.
Leadership Development: The Genesis of Wisdom for Leadership WA
Murdoch Investigators: A/Prof Antonia Girardi, Dr Megan Paull, Dr Craig Whitsed, Dr Simon Minaee and Dr Ian Boudville
Partner Organisation: Leadership WA
An investigation of the role of reflection in leader development in the year-long signature leadership program run by Leadership WA.
Murdoch Chief Investigators: Lead CI Dr Craig Whitsed, Dr Megan Paull; Dr Julia Hobson, Dr Jan Gothard, Dr Ingrid Richardson, Dr Helen Middleton, Dr Sarah Etherington
Funding: Australian Government Office for Learning and Teaching extension grant
Building on the ALTC project Finding Common Ground: Enhancing Interaction Between Domestic and International Students (Arkoudis et al. 2010) this extension Project aimed at increasing cross-cultural interactions through curriculum based activities. The Interaction for Learning Framework developed out of the original project was employed. The six-dimensional conceptual framework comprises: Planning interactions; Creating environments interaction: Supporting interactions: Engaging subject knowledge; Developing reflective processes; and, Fostering communities of learners. Several benefits linked to increased interactions for learning across linguistic and cultural groups, such as, increased awareness of different perspectives and better preparation for employment from working in diverse learning teams as well as several impediments from both teaching and learning perspectives were also indentified in this project. Furhter information can be found at:
http://our.murdoch.edu.au/Educational-Development/Preparing-to-teach/Internationalising-your-unit/
Outputs: Paull, M., Whitsed, C., Girardi, A., (2016). Applying the Kirkpatrick model: Evaluating an Interaction for Learning Framework curriculum intervention, Issues in Educational Research, 26 (3) 490 – 507; Paull, M. (2015). 'Yes! That means get out of your seat': Interactive learning strategies for Internationalisation of the Curriculum in postgraduate business. In W. Green, C. Whitsed & J. Beelen (Eds.), Internationalising the curriculum in disciplines: Stories from business, education and health. Rotterdam: Sense Publishers B.V.
Connecting Sites of Outstanding Biodiversity
Researcher: Drs Nicole Hodgson, Martin Brueckner
Funding: Great Southern Development Commission
Future of Homeless Connect
Researchers: Drs Megan Paull, Jo Kestel, Sally Paulin
Funding: City of Perth and Volunteering WA
Following the evaluation projects of earlier HCP events, a team from Murdoch conducted a Delphi study to seek an understanding of the potential for the future of Homeless Connect Perth. The final report was presented to City of Perth and Volunteering WA with key recommendations for the future.
Evaluation of Homeless Connect Perth
Murdoch Chief Investigators: Dr Megan Paull, Sally Paulin, Jo Kestel and Anne Clear
Partner Investigators:
Funding: City of Perth, Volunteering WA
Our team developed instruments and conducted evaluations of Homeless Connect Perth for three years consecutively. The methodology was developed to involve short interviews with homeless guests, volunteers and service providers. Volunteers were recruited and supervised to undertake the interviews and in the later evaluations, service providers completed online questionnaires as this proved to be more effective. Results were presented to stakeholders.
Perth Heritage Days Visitor Survey
Murdoch Chief Investigators: Drs Megan Paull, Sally Paulin
Funding: Heritage Perth
The Centre hosts an annual writing retreat for its members to foster a supportive culture of writing. The sequestered time allows us to engage more deeply with our emergent writing in ways that will sustain our writing and help to bring discrete writing projects to fruition. The retreat is usually four days during the summer. Each evening over a shared meal two people present work-in-progress to obtain constructive feedback on their research ideas and writing. Details of the next writing retreat will be available in the months leading up to the retreat.
The Centre hosts a monthly reading and discussion group RADICAL (readings and discussions informing critical academic literacy).
This is a space for academics and early career researchers, including PhD candidates, to convene and discuss academic literature spanning diverse disciplines in a friendly and informal setting.
A new text is selected by a group member each session with the member who selected the text introducing it to kick off discussion in an open and critical environment.
Articles, book chapters, work-in-progress by group members, conference papers, and themes will be the focus of this group to kindle our research interests and cultivate a sense of community.
The group convenes on the last Friday of each month from 10am -11am in 440.3.023. Bring your lunch.
International Conference on CSR, Sustainability, Ethics and Governance
The Centre for Responsible Citizenship and Sustainability recently hosted the 4th International Conference on CSR, Sustainability, Ethics and Governance in collaboration with the Global Corporate Governance Institute. The conference attracted over 150 delegates from 35 countries, presenting their latest research in 30 parallel sessions as well as themed plenaries and industry roundtable discussions. A total of 104 research papers was presented from across the fields of ethics, education, finance and management as well as development studies, tourism, arts, marketing and others. Full paper submissions can be found here and the book of abstract here. The event enabled much needed dialogue between academics and representatives from industry, government and non-government organisations on mounting ecological, economic and social challenges and possible solutions. Conference highlights can be viewed via the conference Facebook or Twitter pages.
Each year, the Global Corporate Governance Institute brings together experts from across the globe to form a global alliance dedicated to rethinking and integrating value issues into management practice, education and development. Following this year's event in Perth, the 5th International Conference on CSR, Sustainability, Ethics & Governance will take place at the University of Cantabria in Santander, Spain from the 27th to the 29th June 2018.
Book Project Collaboration
Members of the Centre collaborated on a Springer edited book project Disciplining the Undisciplined? Perspectives on Responsible Citizenship, Corporate Social Responsibility and Sustainability. The book project culminated following a half day symposium and stems from ongoing discussions among members of the Centre about how the interrelated concepts of responsible citizenship, corporate social responsibility (CSR) and sustainability can be interpreted, researched and taught.
The above concepts have long entered the academic mainstream and have become buzzwords in corporate, political and public discourse. To this day, however, these concepts remain difficult to attribute to specific academic disciplines; indeed, they are often regarded transdisciplinary in nature. Current social and environmental trends give impetus to the operationalisation of these concepts, and the complicity of business and politics in global unsustainability and corporate irresponsibility make these key concerns for university educators and researchers active in this space. Universities are widely seen as the cradles of future community leaders and decision-makers, highlighting the need for universities to take a leadership role in equipping younger generations with the tools necessary to tackle societal problems. Academia, however, is discipline-based and laden with structural constraints militating against an engagement in transdisciplinary work and giving rise to obvious conflict between growing outside expectations on the academy and its ability to deliver.
In this book, we do not concentrate on defining these three interrelated concepts in simple restrictive terms, instead the book unearths some of the tensions that arise when dealing with contested and transdisciplinary concepts. This volume seeks to contribute to the much-needed debate on the role of universities, and business schools in particular, in the context of rising social and environmental stakes and growing calls for 'doing business the right way'. This edited compendium offers a variety of disciplinary outlooks on the concepts of responsible citizenship, CSR and sustainability, with individual contributions focusing on the conceptual implications for specific disciplines and exploring associated challenges and opportunities.
The Centre also publishes an in-house Working Paper Series intended as a platform for research dissemination and a stepping stone for higher degree by research students and early career researchers.
See list of seminars here.
Publications can be found in the Staff profiles in our team page.
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use Yii;

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 * @property string $id
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 * @property string $extend
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 * @property string $create_time
 * @property string $update_time
 * @property integer $status
 */
class Shop extends \common\core\BaseActiveRecord
{
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    public static function tableName()
    {
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    /**
     * @inheritdoc
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    public function rules()
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redpajama_set_name: RedPajamaGithub


text:
Application of a STUDENT WITH A DISABILITY, by his parent, for review of a determination of a hearing officer relating to the provision of educational services by the New York City Department of Education
Liz Vladeck, General Counsel, attorneys for respondent, by Abigail Hoglund-Shen, Esq.
This proceeding arises under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §§ 1400-1482) and Article 89 of the New York State Education Law. Petitioner (the parent) appeals from the decision of an impartial hearing officer (IHO) which dismissed her request to be reimbursed by respondent (the district) for her son's tuition costs at the International Academy for the Brain (iBrain) for the 2022-23 school year. The appeal must be dismissed.
The student has been the subject of prior administrative proceedings, which resulted in unappealed IHO decisions pertaining to the 2018-19 through 2020-21 school years and the 2021-22 school year (dated July 19, 2021 and February 8, 2022, respectively) (Tr. pp. 31, 59; Parent Exs. C; E).
According to the parent, the student began attending iBrain in February 2021 (Parent Ex. A at p. 3).
In the unappealed IHO decision dated July 19, 2021 (July 19, 2021 IHO decision), the IHO found that the district denied the student a free appropriate public education (FAPE) for the 2018-19, 2019-20, and 2020-21 school years, that the need for compensatory education was "patently obvious," and that "gross violations" of the IDEA had occurred and the student was "eligible for compensatory services beyond the age of twenty-one" (Parent Ex. E at pp. 5-7). The IHO further determined that the student was "entitled to compensatory services in an amount to be determined by an Independent Educational Evaluation [(IEE)] but not to exceed three (3) years" (id. at p. 8). With respect to the 2020-21 school year, the IHO found that unilateral placement of the student at iBrain was appropriate and equitable factors favored the parent, entitling the parent to district funding of the student's tuition at iBrain for the 2020-21 school year (id. at pp. 8-9). The IHO ordered that the student "shall have an[] [IEE]conducted by a professional of the [p]arent's choosing to determine what if any changes must be made to the [s]tudent's IEP as well as the extent of Compensatory Education he is to receive to be paid for by the [district]"; that the student "receive Compensatory Education in an amount to be determined by an [IEE] but not to exceed three (3) school years and such education is to extend past the age of twenty-one (21) if necessary"; and that the district fund the cost of tuition for the 2020-21 school year at iBrain, as well as the cost of an "Assisted Technology Device and Assisted Communication Devices necessary for the [student] to access the curriculum at [iBrain]," and transportation including a 1:1 paraprofessional (id. at p. 10).
An independent neuropsychological evaluation was conducted in October and December 2021 (Parent Ex. J at p. 2).[1]
The student turned 21 years of age during the 2021-22 school year (see Parent Ex. F at p. 1).
A CSE convened on January 20, 2022 and developed an IEP for the student (Parent Ex. G).[2]
In an unappealed IHO decision dated February 8, 2022 (February 8, 2022 IHO decision), the same IHO who presided over the prior proceeding found that the district denied the student a FAPE for the 2021-22 school year and, finding iBrain appropriate and that equitable considerations favored the parent, ordered the district to fund the cost of the student's tuition for the 2021-22 school year at iBrain, as well as the cost of assistive technology, transportation, and a 1:1 paraprofessional (Parent Ex. C at pp. 4-8).
On June 14, 2022, the parent executed an enrollment contract with iBrain for the 2022-23 school year commencing July 6, 2022 (Parent Ex. H). On June 16, 2022, the parent entered into a school transportation service agreement with Sisters Travel and Transportation Services, LLC, effective from July 1, 2022 through June 30, 2023 (Parent Ex. I).
In a June 17, 2022 letter, the parent notified the district that she disagreed with the CSE's recommended program and placement for the student for the 2022-23 school year "as outlined in the IEP dated 03/8/22 and school location letter issued on 03/7/2022" in the district's specialized school program as it would "not appropriately address his educational needs for the 2022-2023 extended school year" (Parent Ex. B at p. 1).[3]
A CSE convened on June 21, 2022 to develop an IEP for the student with an implementation date beginning on June 21, 2022 and ending on June 30, 2022 (Parent Ex. J at pp. 1, 53-55, 60). Finding the student eligible for special education as a student with multiple disabilities, the CSE recommended an 8:1+1 special class placement in a specialized school with the related services of individual occupational therapy (OT), physical therapy (PT), speech-language therapy, and vision education services all for 60-minute sessions four times per week, as well as one 60-minute session of group speech-language therapy (group of 2) per week, and four 60-minute sessions of group parent counseling and training per year (id. at pp. 1, 53-54, 60). The CSE also recommended a full-time 1:1 paraprofessional daily for health and ambulation, as well as assistive technology devices and services consisting of adapted paper, a slant board, a tablet with the support of a dynamic display speech generating device and mount and two 60-minute sessions of assistive technology services per week (id. at pp. 54-55). The student's IEP stated, under the "Measurable Postsecondary Goals, Education/Training" section, that "[u]pon completing school-age services, [the student] w[ould] participate in a day habilitation with a vocational component" and "complete school with a Skills and Achievement Commencement Credential (CDOS)" (id. at p. 34). This section of the IEP also included a note that [t]here [wa]s a hearing order extending his services for three additional years past 21" (id.). The CSE also included notes within the student's present levels of performance and under the "Parent Concerns" section of the IEP that the CSE "also discussed a[n] understanding that [the student]'s hearing order mandated services until age 25" but that "there [wa]s a computer issue which autogenerate[d] termination dates in the IEP for 6/30/22"; according to the IEP, the district members of the committee would "request[] clarity on this from CSE leadership and w[ould] inform parent/school once new guidance [wa]s received" (id. at pp. 22, 63).
In a due process complaint notice dated July 6, 2022, the parent asserted that the district denied the student a FAPE for the 2022-23 school year (Parent Ex. A). Initially, the parent requested pendency for the student, asserting that the basis for pendency lay in an unappealed IHO determination dated February 8, 2022 that awarded payment of tuition and related services at iBrain, along with special transportation during the 2021-22 school year (id. at pp. 1-2). Turning to the substance of the parent's complaint, the parent argued that the district failed to evaluate the student in all areas of suspected need, failed to conduct appropriate and timely evaluations, failed to mandate sufficient related services to prevent regression and confer meaningful benefit to the student, failed to develop appropriate IEPs, denied the parent meaningful participation in the IEP development process, predetermined the outcomes of the January 20 and June 21, 2022 IEPs, failed to implement the student's IEPs, and failed to recommend an appropriate public school location for the student (id. at pp. 6-8). As relief, the parent requested an order declaring that the district denied the student a FAPE for the 2022-23 school year and that iBrain was an appropriate placement; directing the district to pay for the student's tuition, related services, and a 1:1 paraprofessional; directing the district to pay for special education transportation including a 1:1 transportation nurse and/or paraprofessional; directing the district to reconvene a new CSE meeting within 60 days; and directing the district to conduct all necessary evaluations within 30 days (id. at p. 9).
B. Impartial Hearing Officer Decision
The parties proceeded to an impartial hearing before the Office of Administrative Trials and Hearings and a different IHO than the IHO who presided over the prior impartial hearings was assigned to the matter. The IHO conducted a prehearing conference on August 16, 2022, as well as a hearing date on the issue of pendency on August 23, 2022 (see Tr. pp. 1-42). In an interim order on pendency, dated August 23, 2022, the IHO found pendency lay in the unappealed IHO decision dated February 8, 2022 and ordered the district to fund pendency retroactive to July 6, 2022, the date of the due process complaint notice, including tuition at iBrain, special transportation to and from the student's home, and related services including a 1:1 paraprofessional (Interim Order on Pendency).
Hearing dates devoted to the merits took place on September 19, 2022 and September 23, 2022 (see Tr. pp. 43-208). At the impartial hearing on September 19, 2022, the district raised a "threshold issue" asserting that it was "a condition precedent that the student [wa]s within the statutory age range to attend school in order to be eligible" for tuition reimbursement and that the student had "aged out" of special education eligibility at the end of the school year in which he turned 21, the 2021-22 school year, that the prior IHO decision for the 2021-22 school year did not address extended eligibility because the student was still eligible, and that the IHO decision for the 2020-21 school year which "contemplate[d] compensatory education" beyond age 21 delegated that determination to an IEE and did not order extended eligibility (Tr. pp. 46-49). The IHO paused the hearing to consider the issue of jurisdiction after discussing the issue on the record with the parties and ultimately determined to continue with the hearing, allowing the parent to finish presenting her case and the district to make any arguments regarding extended eligibility on the record, as well as in closing briefs; however, the IHO denied the district's request to submit documentary evidence as the five-day disclosure rule date had already passed (Tr. pp. 49-74).[4]
In a final decision dated October 12, 2022, the IHO dismissed the parent's due process complaint notice with prejudice finding that she lacked the authority to hear the case or to grant the relief requested on the basis of extended eligibility, earlier IHO orders, Chapter 223 of the Laws of 2022, or the June 2022 IEP, as the student had no right to a FAPE for the 2022-23 school year (IHO Decision at pp. 3-11). Specifically, the IHO first indicated that she could not find any authority in any jurisdiction that "extended eligibility" included the right to file a due process complaint notice under the IDEA or New York law where the alleged violations of the right to a FAPE related to a school year after the student's right to statutory protections had ended, and further indicated that she agreed with SRO and federal court decisions finding that compensatory education is not an extension of the IDEA itself (id. at p. 5). As the student turned 21 during the 2021-22 school year, which "ended on June 30, 2022," the parent filed the due process complaint notice on July 6, 2022 with respect to the 2022-2023 school year, the parent sought and obtained compensatory education for past denials of FAPE related to the 2018-19, 2019-20, and 2020-21 school years as well as tuition reimbursement for the 200-21 and 2021-22 school years, the IHO found that any obligation of the district to provide educational services to the student during the 2022-23 school year originated from the July 19, 2021 IHO decision and that she had no authority to grant the requested relief based on "extended eligibility" (id. at pp. 6-7).
Next, the IHO considered extension of the student's eligibility under Chapter 223 of the Laws of 2022, which allowed for the continuation of educational services in the 2022-23 and 2023-24 school years for students who turned 21 during the 2021-22 school year until such time as those students completed their IEPs or turned age 23, whichever occurred sooner, finding that the law did not provide a basis for the IHO to order relief because the statute was not mandatory, the student was not enrolled in the school district and was not receiving services under an IEP during the 2021-22 school year, and the student was not seeking compensatory relief for ongoing negative impacts of COVID-19 as contemplated by the law (id. at pp. 7-8).
Finally, with respect to the parent's argument that the CSE "agreed" that the student was eligible for special education services until age 25, the IHO found that the June 2022 IEP could not be interpreted as creating statutory rights such as making the student eligible for a FAPE for the 2022-23 school year (id. at pp. 8-9). In particular, the IHO referenced the language included in the IEP indicating that a hearing order mandated services until the student attained the age of 25 and found that the July 19, 2021 IHO decision delegated the specifics of the compensatory education award to an IEE, that a copy of the evaluation report was not included in the hearing record, and that the CSE did not explain what services they understood the 2020-21 IHO decision mandated (id. at p. 9). In any event, the IHO concluded that the July 19, 2021 IHO decision did not order the district to continue developing IEPs for the student and that if the district did not comply with the evaluator's recommendations for compensatory education, then the parent's remedy would have been to seek enforcement of the July 19, 2021 IHO decision (id. at pp. 9-10).
The parent appeals and alleges that the IHO erred by finding that the student was not eligible for a FAPE during the 2022-23 school year. Specifically, the parent contends that the IHO erred in: crediting the district's claim that the student had "aged out" of eligibility for special education services; finding the student became ineligible for special education services at the end of the 2021-22 school year; finding that an obligation to provide educational services to the student during the 2022-23 extended school year originated from the July 19, 2021 IHO decision, which found that the student was entitled to compensatory education, "and not the IDEA"; and failing to find the student remained eligible for special education services for the 2022-23 school year. Additionally, the parent asserts that the student qualified for a FAPE until age 23 pursuant to Chapter 223 of the Laws of 2022. The parent notes that, after the student turned 21 years of age, the district convened the January 2022 CSE meeting, sent the parent a March 2022 prior written notice and school location letter, and convened the June 2022 CSE meeting. According to the parent, those actions, along with a failure to respond to the parent's June 17, 2022 letter or notify the parent that the student had aged out of eligibility until after the parent placed the student at iBrain, indicated that the district intended to exercise its discretion to provide the student with a FAPE for the 2022-23 school year. Further, the parent asserts that the IHO erred in finding that the student did not qualify under the plain language of the statute because he was not receiving services under an IEP. The parent asserts that the student was entitled to public funding for his placement at iBrain for the 2022-23 school year because the IEP and location offered by the district were not appropriate, iBrain was appropriate, and equitable considerations weighed in favor of an award of relief.
In an answer, the district requests that the IHO decision be upheld and the parent's appeal be dismissed with prejudice. First, the district asserts that the IHO "carefully analyzed the potential sources of FAPE entitlement for the 2022-23 school year" including extended eligibility, the July 19, 2021 IHO decision, Chapter 223 of the Laws of 2022, and the district's actions, and properly held that none provided the student a right to a FAPE for the 2022-23 school year. In the alternative, the district contends that the parent did not meet her burden to prove that iBrain was an appropriate program and placement and that equitable considerations do not favor relief.[5]
Initially, the IDEA provides that a FAPE is available to all children with disabilities . . . between the ages of 3 and 21, inclusive (20 U.S.C. § 1412[a][1][A]). "Inclusive," in this provision, has been interpreted to indicate that a child remains eligible for a FAPE under the IDEA until his or her 22nd birthday (see A.R. v. Conn. St. Bd. of Educ., 5 F4th 155, 157 [2d Cir 2021]; St. Johnsbury Acad. v. D.H., 240 F.3d 163, 168 [2d Cir. 2001]). The IDEA also provides, however, that "[t]he obligation to make a [FAPE] available to all children with disabilities does not apply with respect to children aged . . . 18 through 21 in a State to the extent that its application to those children would be inconsistent with State law or practice" (20 U.S.C. § 1412[a][1][B][i]).
Under New York law, a student with a disability is defined in section 4401(1) of the Education Law as a student "who has not attained the age of 21 prior to September 1st" (8 NYCRR 200.1[zz]). In other words, a student who is otherwise eligible as a student with a disability may continue to obtain services under the IDEA until the conclusion of the ten-month school year in which he or she turns age 21 (see Educ. Law §§ 3202[1], 4401[1], 4402[5][b]; 8 NYCRR 100.9[e]; 200.1[zz]; see also 34 CFR 300.102[a][1], [a][3][ii]). For a student with a disability otherwise eligible for special education who reaches age 21 during the period commencing July 1st and ending on August 31st, he or she is entitled to continue in a July and August program until August 31st or until the end of the summer program, whichever occurs first (Educ. Law § 4402[5]).
Recently, the Second Circuit has held that Connecticut's state-administered, publicly funded adult education programs constituted "public education" under the IDEA, and thus, ending an entitlement to a FAPE for individuals who were eligible for special education and between the ages of 21 and 22 violated the IDEA (A.R., 5 F.4th at 163-67). While this holding has yet to be extended to New York, this State funds and administers similar adult education programs (see, e.g., Educ. Law §§ 3602[11]; 4604; 8 NYCRR 100.7; 157.1; 164.2). Accordingly, the student may have been entitled to special education through the day before his 22nd birthday, which occurred during the 2022-23 school year. However, as the IHO has ordered that the district pay for the cost of the student's education at iBrain during the pendency of this proceeding, neither party has appealed from that order, and the student has already turned 22 years of age, further analysis of this issue would not result in the student receiving any more than he has already received.
I now turn to examine the parent's arguments regarding the student's eligibility for the entirety of the 2022-23 school year.
A. Extended Eligibility—Prior IHO Decision
I now turn to the parent's allegation that the July 19, 2021 IHO decision entitled the student to extended special education eligibility during the 2022-23 school year, including an extension of statutory rights under the IDEA
Compensatory education is an equitable remedy that is tailored to meet the unique circumstances of each case (Wenger v. Canastota, 979 F. Supp. 147 [N.D.N.Y. 1997]). Compensatory education may, under certain circumstances, be awarded to a student with a disability who no longer meets the eligibility criteria for receiving instruction under the IDEA (see 20 U.S.C. §§ 1401[3], 1412[a][1][B]; Educ. Law §§ 3202[1], 4401[1], 4402[5]). The Second Circuit has held that compensatory education may be awarded to students who are ineligible for services under the IDEA by reason of age or graduation only if the district committed a gross violation of the IDEA, which resulted in the denial of, or exclusion from, educational services for a substantial period of time (see Doe v. E. Lyme Bd. of Educ., 790 F.3d 440, 456 n.15 [2d Cir. 2015]; French v. New York State Dep't of Educ., 476 Fed. App'x 468, 471 [2d Cir. Nov. 3, 2011]; Somoza v. New York City Dep't of Educ., 538 F.3d 106, 109 n.2, 113 n.6 [2d Cir. 2008]; Mrs. C. v. Wheaton, 916 F.2d 69, 75-76 [2d Cir. 1990]; Burr v. Ambach, 863 F.2d 1071, 1078-79 [2d Cir. 1988], aff'd on reconsideration sub nom., Burr v. Sobol, 888 F.2d 258 [2d Cir. 1989]; Cosgrove v. Bd. of Educ. of Niskayuna Cent. Sch. Dist., 175 F. Supp. 2d 375, 387 [N.D.N.Y. 2001]).[7]
The Second Circuit has described compensatory education as "prospective equitable relief, requiring a school district to fund education beyond the expiration of a child's eligibility as a remedy for any earlier deprivations in the child's education" (Somoza, 538 F.3d at 109 n.2 [emphasis added]; see French, 476 Fed. App'x at 471 [noting that "[a] disabled student who has attained the age of 21 is generally no longer eligible to receive state educational services under the IDEA"]). The IDEA and State law do not require school districts to provide students with FAPE who have reached the maximum age for eligibility (20 U.S.C. § 1412[a][1][A]; Educ. Law § 3202[1]), yet compensatory education may be awarded to a student with a disability who no longer meets the eligibility criteria for receiving instruction under the IDEA (see 20 U.S.C. §§ 1401[3], 1412[a][1][B]; Educ. Law §§ 3202[1], 4401[1], 4402[5]).
Review of some relevant authority on this type of remedy reveals a distinction between an equitable award of compensatory education in the form of educational programs or services, which a student may receive after his or her eligibility for special education has expired at a district's expense, and an award of extended eligibility, which extends the district's statutory obligations to a student, including the obligation to conduct a CSE meeting and develop an IEP for the student on an annual basis (Ferren C. v. Sch. Dist. of Phila., 595 F. Supp. 2d 566, 576 [E.D. Pa. 2009] [acknowledging the distinction between the expiration of the statutory right, including the right to an IEP, and the access to equitable relief], aff'd, 612 F.3d 712 [3d Cir. 2010]; Burr, 863 F.2d at 1078 [same]; Letter to Riffel, 34 IDELR 292 [OSEP 2000] [noting that a right to compensatory education as an equitable remedy to address a denial of FAPE is independent from the right to FAPE generally, which latter right terminates upon certain occurrences]).[8]
This type of relief, if interpreted broadly to include an extension of the procedural due process entitlements set forth in the IDEA, including pendency, could result in many more years of eligibility than intended (see Application of a Student with a Disability, Appeal No. 19-038; Application of a Student with a Disability, Appeal No. 17-021).[9] However, there is a difference between basing relief "on considerations enunciated under a legislated obligation and actually invoking the statutory provision" (Cosgrove, 175 F Supp 2d at 389). Thus, compensatory education is not a full extension of the IDEA itself and does not, for example, continue a student's stay-put rights (id. at 390).[10] This logic would appear to apply further to preclude the parent's access to the due process protections of the IDEA to challenge IEPs developed by a CSE during the extension of eligibility. Otherwise, the extension of eligibility could result in potentially perpetual challenges to IEPs developed during the period of extension and additional awards of compensatory education. In other words, the extension of the student's eligibility must be viewed as an election of remedies by the parent as to the student's educational placement, subject only to further modification in judicial review, and the parent must be viewed as having assumed the risk that unforeseen future events could render the relief undesirable. As such, the parent would not be allowed to return to the due process hearing system to allege new faults by the district during the period of the student's extended eligibility.[11]
Here, the July 19, 2021 IHO decision found a three-year FAPE denial by the district—for the 2018-19, 2019-20, and 2020-21 school years, determined that "gross violations" of the IDEA had occurred, indicated the need for compensatory education was "patently obvious," and ordered that the student was "eligible for compensatory services beyond the age of twenty-one" (Parent Ex. E). However, the IHO delegated a calculation of the compensatory education award in stating that the student was "entitled to compensatory services in an amount to be determined by an [IEE] but not to exceed three (3) years and such education is to extend past the age of twenty-one (21) if necessary" (id. at p. 10).
Considering the language used in the July 19, 2021 IHO decision and in light of the above-described differences between an award of compensatory education to be provided to a student after the student is no longer eligible by reason of age and an award of extended eligibility continuing a district's statutory obligations to a student past the student aging out, it appears that the IHO intended to award the student equitable relief in the form of compensatory education programs or services as recommended in an IEE rather than extended eligibility. In particular, the IHO did not order the district to convene a CSE to develop an IEP for the student after the student turned 21 years of age (see Parent Ex. E).
In any event, even if the July 19, 2021 IHO decision awarded the student extended eligibility, as discussed above, an award of extended eligibility does not necessarily carry with it an extension of the procedural due process entitlements set forth in the IDEA. Rather, as noted above, it should be treated as an election of remedies by the parent as to the student's educational placement, subject only to further modification in judicial review. Accordingly, any relief to which the student might be entitled for any failure of the district to comply with July 19, 2021 IHO decision must be determined in a forum with authority to enforce the IHO's decision. It is well settled that neither IHOs nor SROs have authority to enforce prior decisions rendered by administrative hearing officers (see Educ. Law §§ 4404[1][a]; [2]; see, e.g., A.R. v. New York City Dep't of Educ., 407 F.3d 65, 76, 78 n.13 [2d Cir. 2005] [noting that IHOs do not retain jurisdiction to enforce their orders and that a party who receives a favorable administrative determination may enforce it in court]; A.T. v. New York State Educ. Dep't, 1998 WL 765371, at *7, *9-*10 & n.16 [E.D.N.Y. Aug. 4, 1998] [noting that SROs have no independent "administrative enforcement" power and granting an injunction requiring the district to implement a final SRO decision]).
The IHO correctly recognized that she lacked authority to enforce the prior IHO's decision (IHO Decision at pp. 9-10). Accordingly, there is no basis to disturb the IHO's determination that the parent was not entitled to seek tuition reimbursement as a remedy for an alleged denial of FAPE based on the purported award of extended eligibility in the prior IHO's July 19, 2021 decision.
B. Continuation of Educational Services to Age 23—Chapter 223 of the Laws of 2022
With regard to the issue of whether the student remained eligible under Chapter 223 of the Laws of 2022, I agree with the conclusion reached by the IHO that it does not provide a basis for the parent's requested relief.
Chapter 223 of the Laws of 2022, which became effective on June 13, 2022, provides that students may continue to receive educational services up to age twenty-three under certain circumstances as follows:
Notwithstanding any provision of law, rule or regulation to the contrary, a school district may provide educational services in the 2022-23 and 2023-24 school years to a student who turned twenty-one years old during the 2021-22 school year and was enrolled in the school district and receiving special education services pursuant to an individualized education program. Such student may continue to receive such educational services until the student completes the services pursuant to the individualized education program or turns twenty-three years old, whichever is sooner.
(L. 2022, Ch. 223).
The student turned 21 during the 2021-22 school year; accordingly, the IHO determined his eligibility for special education services ended on or about June 30, 2022, the end of the 2021-22 school year in which he turned age 21 (see IHO Decision at pp. 6-10). With respect to the parent's arguments related to Chapter 223 of the Laws of 2022, as the IHO determined, this law does not mandate that districts provide services to students beyond the age of 21, but provides that a "district may provide educational services in the 2022-23 and 2023-24 school years to a student who turned twenty-one years old during the 2021-22 school year" (L. 2022, Ch. 223 [emphasis added]).
The parent argues that the district's actions during the 2021-22 school year, including the January 2021 CSE meeting, the March 2022 prior written notice and school location letter, and the June 2022 IEP, along with the district's failure to respond to the parent's June 17, 2022 letter or notify the parent that the student was aging out of eligibility supports finding that the district agreed that the student was eligible for special education under Chapter 233 of the Laws of 2022 (Req. for Rev. ¶¶ 31-36). However, while the district's actions show that it was unsure of how to implement the compensatory education awarded in the July 19, 2021 IHO decision, the hearing record does not indicate that the district made an election to implement educational services—other than the compensatory education awarded in the prior IHO decision—for the student during the 2022-23 school year (see Parent Exs. E; G; J).[12]
Further, as noted by the IHO, Chapter 233 of the Laws of 2021 explicitly applies to students who were "enrolled in the school district and receiving special education services pursuant to an individualized education program" (L. 2022, Ch. 223). During the 2021-22 school year, the student was enrolled at iBrain and his education was funded by the district pursuant to the February 8, 2022 IHO decision (Parent Ex. C). The parent asserts that the student's placement at iBrain should be equivalent to enrollment in a public school; however, based on the plain language of the law, the parent has not presented a sufficient argument to show that the IHO erred in this finding.[13]
The evidence in the hearing record supports a finding that the student is not entitled to relief for any portion of the 2022-23 school year for which he is not already entitled to tuition funding pursuant to pendency. Therefore, the necessary inquiry is at an end and there is no need to reach the issues of whether iBrain was an appropriate unilateral placement or whether equitable considerations weighed in favor of the parent's request for relief.
Sarah L. Harrington
[1] The hearing record does not include a copy of the evaluation report; however, it is referenced in the student's IEP developed at a June 21, 2022 CSE meeting (see Parent Ex. J at pp. 2-3, 63).
[2] According to a prior written notice dated March 7, 2022, a CSE convened on January 20, 2022, determined the student was eligible for special education services, and developed an IEP for the student (Parent Ex. G). The hearing record does not include the IEP generated as a result of the January 2022 CSE meeting.
[3] The hearing record does not include an IEP developed in March 2022; however, as noted above, it does include a prior written notice and school location letter dated March 7, 2022, that summarized the recommendations of the January 2022 CSE and identified a public school location for the student to attend to receive the services identified on the January 2022 IEP (Parent Ex. G).
[4] In the parties closing briefs, the district argued, among other things, that the IHO lacked jurisdiction in the matter, no prior order had extended the student's eligibility for a FAPE, the parent had already litigated and chosen her remedy for all periods beyond the student's age-out date of July 1, 2022, and therefore the matter could not be reopened (IHO Ex. II). The parent argued that the district denied the student a FAPE for the 2022-23 school year, iBrain was appropriate, the student was eligible for services during the 2022-23 school year, the CSE agreed that the student was eligible until age 25 and did not provide written notice of the student's aging out, the issue of the student's extended eligibility was already litigated and subject to the principle of res judicata, the district's motion regarding the IHO's jurisdiction was untimely, the student was eligible for three years of compensatory tuition at iBrain past the age of 21, and equitable considerations weighed in favor of an award of tuition funding (IHO Exs. II-III).
[5] The parent prepared, served, and filed a reply to the district's answer in this case. However, State regulation limits the scope of the parent's reply to "any claims raised for review by the answer . . . that were not addressed in the request for review, to any procedural defenses interposed in an answer . . . or to any additional documentary evidence served with the answer" (8 NYCRR 279.6[a]). In this instance, the district's answer does not include any of the necessary conditions precedent triggering the parent's right to file a reply. As such, the parent's reply fails to comply with the practice regulations and will not be considered.
[7] In addition, compensatory education relief may be awarded to a student with a disability who remains eligible for instruction under the IDEA (see 20 U.S.C. §§ 1401[3], 1412[a][1][B]; Educ. Law §§ 3202[1], 4401[1], 4402[5]).
[8] At least one district court has found it improper to award extended eligibility under the IDEA as a component of compensatory education; however, in that case the IHO had ordered the district to award the student a diploma making an award of extended eligibility redundant (see Dracut Sch. Comm. v. Bur. of Special Educ. Appeals, 737 F. Supp. 2d 35, 53-55 [D. Mass. 2010]).
[9] The Third Circuit acknowledged concerns that, by extending the district's obligations to provide an IEP beyond the student's 21st birthday, the district could be subjected to ongoing litigation "as challenges are made to the adequacy of the[] IEPs" developed after the student's 21st birthday (Ferren C. v. Sch. Dist. of Phila., 612 F.3d 712, 720 [3d Cir. 2010]).
[10] The Court in Cosgrove also observed that, under the auspices of an extended eligibility award that "extend[ed] the IDEA in toto," a district might have incentive to utilize the CSE procedures to escape liability for nonpublic school tuition by recommending a placement on an IEP other than the nonpublic school preferred by the parent (175 F Supp 2d at 390).
[11] Overall, the continuation of the types of programs and services available under the IDEA to a student over the maximum age of eligibility may become fraught with challenges related to the student's age, not the least of which is that the student will have exceeded the age of compulsory school-age attendance under State law (see N.Y. Educ. Law § 3205[1][a] [requiring students aged 6 through 16 to attend "full time instruction"]; see also N.Y. Educ. Law § 3202[1] [entitling students aged 5 through 21, who have "not received a high school diploma," to attend public schools]).
[12] To the extent that the parent asserts that the district could have notified the parent of the date that the student was expected to age out of eligibility, it appears from a review of the student's June 2022 IEP that the district was required to notify the parent of, among other things, "the date upon which the student will no longer be entitled to receive tuition free educational services" (see 8 NYCRR 200.4[i][1]). However, even acknowledging that the district failed in this instance to provide the parent with the required information, it does not follow that this procedural violation would result in extending the student's eligibility for special education.
[13] It is also unclear the extent to which a student would be entitled to all of the procedural protections of the IDEA if a district did elect to continue providing a student with special education services pursuant to Chapter 233 of the Laws of 2022.
IDEA Eligibility

redpajama_set_name: RedPajamaCommonCrawl


text:
U.S. pledges Ukraine support
Islam News – The U.S. is giving Ukraine $53 million for equipment to repair its battered electricity grid after weeks of Russian aerial strikes. And NATO's secretary general, Jens Stoltenberg, reaffirmed its longstanding commitment that Ukraine would one day join the alliance.
Antony Blinken, the U.S. secretary of state, made the aid pledge yesterday on the sidelines of a two-day conclave of NATO foreign ministers. The aid is in addition to the $55 million in energy sector support that the U.S. has already promised Ukraine.
A senior official said the U.S. hopes the aid will also spur more donations from other nations, as a harsh winter looms. The Americans are aiming to assemble a working group to help Ukraine protect and repair its infrastructure as Russian strikes deprive millions of residents of power and water.
Allies: NATO countries have so far provided some $40 billion in weaponry to Ukraine, about the size of France's annual defense budget. Over the weekend, the E.U. announced that it was preparing to deliver 200 transformers and 40 heavy generators.
Economy: The war has become the greatest economic challenge of President Biden's tenure.
Deaths: Villagers near Kherson unearthed the bodies of six men, who appear to have been killed execution-style, evidence of possible Russian war crimes.
Antony Blinkenthe Russian Ukrainian warU.S. pledges Ukraine supportUS support to Ukraine


text:
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        \node[set,fill=blue!20,text width=3cm](P) at (0, -1) {P Problems};
        \node[set,fill=green!20,text width=3cm](NP) at (3,+1) {NP Complete};
        \node[fill=purple!20, fit=(P)(NP),draw,rounded corners=0.5cm,inner sep=1cm,label={NP Problems}]{};
    \end{tikzpicture}
\end{figure}
\end{document}

But, of course, when I create the fit node, with the fill option, it  covers the fitted nodes over, yielding something like this:

How can I make the filling stay "behind" the other nodes, so as to not overwrite the fitted nodes (P, and NP)?

A: PGF allows you to create and switch layers. For example this command:
\pgfdeclarelayer{background}

will create a layer named background.
Then, you can configure the order of these layers with:
\pgfsetlayers{background,main}

The main layer is, you guessed right, the main layer :P
This will set the main on top of background.
Then you can draw on specific layers with:
\begin{pgfonlayer}{<layer_name>}
    <stuff>
\end{pgfonlayer}

So your code becomes:
\documentclass[11pt,letterpaper]{article}
\usepackage[utf8]{inputenc}

\usepackage{float}
\usepackage{tikz}
\usetikzlibrary{fit}

\pgfdeclarelayer{background}
\pgfsetlayers{background,main}

\begin{document}
\begin{figure}[H]
    \begin{tikzpicture}
        \tikzset{set/.style={draw,circle,inner sep=0pt,align=center}}
        \node[set,fill=blue!20,text width=3cm](P) at (0, -1) {P Problems};
        \node[set,fill=green!20,text width=3cm](NP) at (3,+1) {NP Complete};
        \begin{pgfonlayer}{background}
            \node[fill=purple!20, fit=(P)(NP),draw,rounded corners=0.5cm,inner sep=1cm,label={NP Problems}]{};
        \end{pgfonlayer}
    \end{tikzpicture}
\end{figure}
\end{document}

Edit:
As requested by Lord @marmot. It took a while to get the colors right :)
\documentclass[11pt,letterpaper]{article}
\usepackage[utf8]{inputenc}

\usepackage{float}
\usepackage{tikz}
\definecolor{wikigreen}{HTML}{B3DDD5}
\definecolor{wikiblue}{HTML}{D5D6FA}
\definecolor{wikipink}{HTML}{DBBAD2}
\usetikzlibrary{fit}
\usetikzlibrary{shapes.geometric}

\pgfdeclarelayer{background}
\pgfsetlayers{background,main}

\begin{document}
\begin{figure}[H]
    \begin{tikzpicture}[font=\sffamily]
        \tikzset{set/.style={draw,ellipse,minimum height=1.5cm,inner sep=0pt,align=center}}
        \node[thick,set,fill=wikigreen,text width=3cm](P) at (0, -1) {P Problems};
        \node[thick,set,fill=wikipink ,text width=3cm](NP) at (3,+1) {NP Complete};
        \begin{pgfonlayer}{background}
            \node[ultra thick,fill=wikiblue, fit=(P)(NP),draw,rounded corners=0.5cm,inner sep=1cm,label={NP Problems}]{};
        \end{pgfonlayer}
    \end{tikzpicture}
\end{figure}
\end{document}

A: backgrounds library does part of the job for you. It declares foreground, main and background layers. They can be used inside a scope with on background layer option:
\documentclass[11pt,letterpaper]{article}
\usepackage[utf8]{inputenc}

\usepackage{float}
\usepackage{tikz}
\usetikzlibrary{positioning, backgrounds, shapes.geometric, fit}

\begin{document}
\begin{figure}[H]
    \begin{tikzpicture}[font=\sffamily]
        \node[ellipse, draw, fill=blue!30] (P) {P Problems};
        \node[ellipse, draw, fill=red!30, below right= 5mm and 5mm of P.east, anchor=north] (NP) {NP Complete};
        \begin{scope}[on background layer]
            \node[fill=purple!20, fit={(P)(NP)([yshift=7mm]P.north)}, draw, rounded corners=0.5cm, label={[anchor=north, inner sep=3mm]\large{NP Problems}}, inner sep=3mm]{};
        \end{scope}
    \end{tikzpicture}
\end{figure}
\end{document}

redpajama_set_name: RedPajamaStackExchange


text:
Ferrensac ist eine französische Gemeinde mit  Einwohnern (Stand ) im Département Lot-et-Garonne in der Region Nouvelle-Aquitaine (vor 2016: Aquitanien). Die Gemeinde gehört zum Arrondissement Villeneuve-sur-Lot und zum Kanton Le Val du Dropt.

Der Name der Gemeinde geht wahrscheinlich auf den römischen Namen Ferrandus zurück.

Die Einwohner werden Ferrensacois und Ferrensacois genannt.

Geographie
Ferrensac liegt ca. 30 km nordwestlich von Villeneuve-sur-Lot in der historischen Provinz Agenais am nördlichen Rand des Départements.

Umgeben wird Ferrensac von den sieben Nachbargemeinden:

Ferrensac liegt im Einzugsgebiet des Flusses Garonne.

Der Dropt, ein Nebenfluss der Garonne, bildet die natürliche Grenze zu den nördlichen Nachbargemeinden Saint-Quentin-du-Dropt, Cavarc und Doudrac.

Die Douyne, ein Nebenfluss des Dropt, bildet zum größten Teil die natürliche Grenze zur westlichen Nachbargemeinde Castillonnès.

Die Barraca durchquert das Gebiet der Gemeinde und mündet dort in die Douyne.

Geschichte
Im Weiler Les Rouchoux belegen Spuren einer Römerstraße die Besiedelung während der Antike. Außerdem wurden im Jahre 1965 Reste einer reichen Villa aus der Frühen Kaiserzeit entdeckt. Die Ausgrabungen brachten geprägte Keramikscherben aus Terra Sigillata, eine Fibel mit einem Bogen aus Bronze und Feuerzangen zutage. Abfälle tierischen Ursprungs wie Austernschalen, Schneckenhäuser und Knochen von großen Säugetieren offenbaren die Essensgewohnheiten der damaligen Besitzer.

Die Pfarrgemeinde von Saint-Étienne-de-Ferrensac wurde 1266 erstmals erwähnt, aber ihre Geschichte reicht weiter in die Vergangenheit zurück. Spuren eines Grabhügels auf dem ein Adelssitz, die Keimzelle des Dorfes, errichtet wurde, datiert aus dem Hochmittelalter. Die Etymologie des Namens des Weilers Rouchoux ist ein Hinweis auf eine Burg, die an dieser Stelle erbaut wurde. Der "felsige Berg" bezeichnet in Wirklichkeit eine Motte.

Im Jahre 1259 wurde die Bastide von Castillonnès gegründet, und die Pfarrgemeinde von Ferrensac lag in ihrem Gerichtsbezirk. Aus kirchlicher Sicht unterstand sie dem Bistum Sarlat bis zur Französischen Revolution.

Die Geschichte des Dorfs ist im Wesentlichen an die seiner adeligen Besitzerfamilien gebunden. Im Mittelalter war Ferrensac abhängig vom Lehen der Familie Alphéry, später von dem der Familie Belcastel.

Im Jahre 1825 wurde die Gemeinde Saint-Martin-Transfort in Ferrensac eingegliedert.

Einwohnerentwicklung
Mit der Eingemeindung von Saint-Martin-Transfort stieg die Einwohnerzahl in der ersten Hälfte des 19. Jahrhunderts auf einen Höchststand von 670. In der Folgezeit sank die Größe der Gemeinde bei kurzen Erholungsphasen bis zur Jahrtausendwende auf rund 165 Einwohner, bevor eine Wachstumsphase einsetzte, die die Zahl der Einwohner auf rund 215 stabilisierte.

Sehenswürdigkeiten
 Pfarrkirche Saint-Étienne, im 19. Jahrhundert vollständig umgestaltet
 Kapelle Saint-Martin in Saint-Martin-Transfort, erstmalige Erwähnung im Jahre 1152
 Schloss Lamothe aus dem 18. Jahrhundert
 Schloss La Mespoule aus dem 16. Jahrhundert

Wirtschaft und Infrastruktur
Die Landwirtschaft ist der wichtigste Wirtschaftsfaktor der Gemeinde.

Verkehr
Ferrensac ist erreichbar über die Routes départementales 2 und 257 sowie über Nebenstraßen, die von der Route départementale 250 abzweigen.

Weblinks

Einzelnachweise

Ort in Nouvelle-Aquitaine

redpajama_set_name: RedPajamaWikipedia


text:
Cultivating Urban Queer Inclusivity in Berlin, Nairobi, and Santiago
© Waldo Soto. The Dyke march Berlin started just in front of Liebzig34 house, a queer feminist collective housing project that is suffering the threat of eviction due to gentrification.
By Katie Cashman & Waldo Soto|2020-06-22T12:23:55+02:00November 5th 2019|Global Urban Debates, Youth & Gender, gender, inclusion, urban safety|
"Queer cities" and queer urban spaces can accelerate inclusivity and safety for all. This article by Katie Cashman and Waldo Soto relates queer expression to urban life by way of the impressions of queer* citizens in three cities: Santiago, Berlin, and Nairobi.
The Sustainable Development Goal of inclusivity and the New Urban Agenda are being addressed by city managers and urban activists in different ways. We often think of SDG 11's aim for inclusivity in terms of democratising the city to include racially or economically marginalised residents. Considering queer expression in urban management provides a way to overcome societal marginalisation and inequality.
The term queer is being used more and more frequently because it allows for total openness to any type of manifestation of our gender and sexuality, without a binary approach that often replicates hegemonies of power. Trans men and women and non-binary individuals are integral to this inclusive formation of identity. Fostering queer spaces collaborates with the objective of urban inclusivity in its broadest sense.
Safe Spaces For Queer Refugees
Queer cities also tend to address urgent social challenges. In Berlin, the "Queerberg" collective stands out, a word game referring to the Kreuzberg neighbourhood and the inclusion of queer immigrants and refugees. This group creates safe spaces that provide psychological help and company to queer-identifying refugees arriving to the city. 'Schwulen-Beratung' is another organisation that provides protection to queer refugees, from hate crimes to therapy to those with mental health issues as an effect of living queer.
© Katie Cashman. Young African Artisans Market along the river Spree in Berlin is one inclusive space for refugees.
Moutasem Al Khnaifes, a queer refugee from Syria now living in Berlin, notes that Damascus' culture enforced a much stricter social control regarding sexuality. The culture for public intimacy also differs between Berlin and Damascus. However, in this case, Damascus is more open: "in Damascus it was acceptable to lock arms while walking and talking because that was seen as friendly intimacy, while in Berlin, where it's definitely more acceptable to be queer, it's harder for men to publicly display affection. So far, I have never held a man's hand while walking in Berlin's streets."
Nairobi is a more tolerant host for queer folks in contrast to the rest of Kenya, and also hosts queer refugees from neighbouring African nations. A young queer Kenyan who moved from Nakuru to Nairobi, now feels more included in society: "When I came to Nairobi in the mid 2000s, I started to accept my 'queerness', especially after seeing other people across the heteronormative gradient." Still, he considers Nairobi as only "semi-inclusive" in the sense that people's perspectives on the moral question of queerness shift with technology, trends, culture, and "opinion-splitting" religion.
However, Kenyan laws still outlaw homosexuality. Po Kimani, a Nairobian queer activist, has been contesting homophobic laws across the East African region with the queer and trans community since 2006, initially through the HIV/AIDS movement, and now with the growing civil society organisations. Po finds that one of the powerful ways Nairobi is overcoming homophobia is through the increasing representation of queer identity in the arts.
Safe Spaces For Those Without Economic Resources
Planning cities that promote a more inclusive expression of gender and sexuality is not easy. Strategies such as designating "gay neighbourhoods" can sometimes lead to segregation or the manifestation of other non-inclusive spaces. Gay bars, marches, and pride events, moreover, show an excessive predominance of the male gender leading to low representation of other genders.
Berlin has historically been a safe haven for queer people. Moutasem reflects on his landlord's stories about queer parties in basements in the 1970s. Today the trend continues, yet while it used to be clear which place is queer friendly and which is not, those borders are now blurred.
Strong policies for economic growth as well as the city's branding as a creative city led to a boom in queer business marketing. But, as Moutasem says, "being queer in Berlin is good for business." Or, in other words, only queers above a certain income bracket find a place for themselves in the city while younger or economically disadvantaged queers are excluded. As such, he perceives that queerness in Berlin requires a price tag for entry.
The well-known strategy of designating gay neighbourhoods should be reconsidered and overhauled to be open for people of all economic and ethnic backgrounds. Luis Larrain, co-founder of the Iguales Foundation in Chile, explains how the Barrio Bellas Artes in Santiago has become a central space that brings together not only sexual, but also migratory diversity: "The Bellas Artes neighbourhood is a place where you feel safe and meet all kinds of people."
Recommendations For Developing Queer Cities
In consultation with queer citizens in Santiago, Berlin, and Nairobi, four strategies appear to help form diverse, inclusive, and queer cities.
Firstly, the urgent problem of homophobic crimes in public spaces must be addressed. Larrain comments that in light of reports of homophobic attacks in parks in Chile, mayors and police officers have been asked to improve surveillance and install more lighting. However, the police often lack knowledge about these issues. That's why it is also important to educate the staff about this topic.
© Waldo Soto. Public spaces like Parque Forestal in Santiago de Chile are being made safer through urban design such as street lighting.
Secondly, queer spaces for meetings shouldn't only exist at parties and clubs, but also for example in cafes, libraries, and parks. Blanka Vay, a Hungarian trans activist now living in Berlin, envisages the queer city as rainbow flags raised at local government offices, politicians marching at pride, and queer clubs and organisations with fixed meeting spaces, just like sport clubs or senior clubs.
We can also diversify gay liberation manifestations, marches, and campaigns, as many have been taken over by big companies and often over-represent male gay people. Some radical manifestations have arisen, such as the Radical Queer March or the Dyke March in Berlin, which took place the same weekend as the popular Christopher Street Day (CSD) demonstration.
Thirdly, queer support groups and organisations must be authorised and supported by city administrations. The journalist Charlotte Hannah Peters has observed that some associations in Berlin and Brandenburg (a federal state in Germany) face many challenges when applying to be recognised as charitable organisations by official authorities, mostly because of discrimination and a lack of understanding about the needs of queer people.
These associations receive neither tax benefits nor financial support, which makes it hard for them to sustain their work. Once again, an oppressed sector of society has to fight for their rights. A binding anti-discriminatory policy would be beneficial for organisations and in turn help boost the number of people working towards designing more inclusive spaces and strengthening the quality of life for queer citizens.
Finally, no real accomplishment can be made in urban inclusivity without representation of marginalised groups in the city council and other positions of municipal power. Representatives of the city should not only reflect diversity in gender and sexuality, but also manifest solidarity and inclusivity in their policies.
* We prefer the term queer to LGBTQ so as not to encourage a binary understanding of sexuality, and at the same time to provoke a reflection of the word "normal."
Katie Cashman
Consultant at 2811
Katie is a geographer from McGill University with a MSc in Urban Management from Technical University Berlin. She currently works in Santiago, Chile as a sustainable urban development consultant with 2811 and as a freelance journalist.
Latest posts by Katie Cashman (see all)
Waldo Soto
Director at 2811
Waldo is a commercial engineer from the Pontificia Universidad Católica de Chile with a Diploma in Innovation from Babson College, a Diploma in Global Management from University College London, and a MSc in Urban Management from Technical University Berlin. As Director of 2811, Waldo specialises in social innovation and sustainable urban development.
Latest posts by Waldo Soto (see all)


Martin Luther King Jr. was an American Baptist minister and activist who became the most visible spokesperson and leader in the Civil Rights Movement. He is best known for his role in the advancement of civil rights using the tactics of non-violence and civil disobedience based on his Christian beliefs and inspired by the non-violent activism of Mahatma Gandhi. Here we choose this unique trophy for you as a Martin Luther King's Birthday Tribute. And our engraving cost is totally for free.