Abrahamson v. Hershman (1983)
- Sam Shepherd
- Jan 13
- 2 min read
By Andrew Dawson
Overview
In Abrahamson v. Hershman United States Court of Appeals, First Circuit ruled that residential placement in a private institution was necessary for individuals with multiple and/or severe disabilities, who require constant assistance. Further, if the individual local public school fails to provide a Free Appropriate Public Education (FAPE), then it is the school district’s financial responsibility to pay for the private school placement.
Summary
Daniel Abrasham was a severely disabled student in the Sharon, Massachusetts school district, who was struggling academically. Consequently, the school created an individualized educational plan (IEP) for Daniel to attend a number of private day programs between 1969 and 1979. However, in August 1979, the school district provided Daniel’s parents with a new IEP that called for him to be placed in a special day program within the public school.
Daniel’s parents rejected this proposed IEP and appealed to the Massachusetts Bureau of Special Education Appeals (BSEA) under the Education for All Handicapped Children Act (EHA) of 1975 (now Individuals with Disabilities Education Act (IDEA)). The BSEA agreed with the Abrashams that the public school placement was “inadequate” and Daniel required residential care. However, the BSEA also concluded that such placement was not “educational” and therefore, was not the financial responsibility of the school district to accommodate. The Abrashams appealed BSEA’s decision to the State Advisory Commission (SAC), which reaffirmed the previous decision.
Daniel’s parents appealed this decision to the United States District Court for the District of Massachusetts. In January 1981, the District Court issued a preliminary injunction requiring the Sharon school district to pay for Daniel’s residential placement. Then, after reviewing the case, the District Court ruled Daniel had a right to a FAPE, which was not met by the school district's IEP, and ordered for Daniel to be placed into a residential setting. Under the district court’s ruling, the school district carried the primary financial responsibility. Consequently, the school district appealed to the United States Court of Appeals, First Circuit. The First Circuit of Appeals affirmed the District Court’s ruling, citing Daniel’s need for residential care given his disabilities. Further, the First Circuit of Appeals disagreed with BSEA that residential care should be characterized as “educational” under EHA (now IDEA).
Impact
Abrahamson v. Hershman was a landmark special education case as it established financial responsibility for private institutions where the school district failed to provide a FAPE fell on the school district. Thus, Abrahamson v. Hershman has been used as a key precedent in many ensuing cases where parents and individuals are mounting legal challenges against school districts to receive financial coverage for private institutions or reimbursement.
Court Documents
Citations
Casetext. (1983, February 24). Abrahamson v. Hershman. https://casetext.com/case/abrahamson-v-hershman
Myers, J. (2021, October 22). Landmark cases in special education. https://www.jomyers.online/post/landmark-cases-in-special-education
