until her mother died suddenly in two thousand and seventeen or two thousand and sixteen and in two thousand and seventeen they asked for an accommodation from district two or three don't allow her to because of her mother's death and we were going into the thing didn't even think it was a minor eligibility issue i thought it was an administrative issue the district two or three felt it was schools in kentucky they lived in kentucky and he was going to school in ohio and they pointed out that she could get the same education he could get the same education in a contract that he was given the ohio school and it's something that and and that's why i didn't was no causation in this case that wasn't the situation going to a new school given her previous diagnosis of major depressive disorder an anxiety disorder cost her significant problems going to a new school and therefore she asked for a reasonable accommodation she was a reasonable accommodation certainly really reasonable adjacent school district i think the school districts could agree to that so in this case the parent wanted his daughter to be able to go to the adjacent school district the old school  district how do they enforce at the district two or three said well we don't allow that we don't go into those agreements we won't do there's agreement but how so how does the student enforce that in order to get in a free appropriate public education they use the eighty eight or the rehabilitation act they say i have a health reason why i need to go to that at the school and that's what exactly what we did she went to the other school what what they were claiming the school district you know they aren't they the transferred her transfer well where she came from you know what is it two of three i know she has she she was  when she moved in with her father was about residency and you're saying it had to be more than that i'm seen yet yes the big going to a new school given her given her her health harmful effects of the disability by providing accommodations at a reasonable this was a reasonable accommodation yes she has been had moved to a new district because of her the death of her mother but there are rules that in the only school code that said they could accommodate that there's there's all kinds of reasons why they allow non resident roman so there was a reasonable accommodation that would allow waiver to attend the school based on the residency requirement because of her mental health issues now but the issue in a kind of failure to accommodate case is that she could go to the new district and state i need in the commendation because i have my disability but they couldn't provide that to provide the accommodation i had to be transferred out of the old school and they did the old school had all her records all over history she was unknown to the new school so she went to the the old school and said don't transfer me aren't use your discretion allow me to to to continue here at this school because of my health issues school education we're impossible you have some comparative somebody who is treated better who would have the same situation and they didn't enforce the residency law on where i think there is a statutory their home and they have to move into different districts they allow that street by statute by federal statute i believe and illinois statute to continue at the old school why did they do that district anymore there's also a situation for a military personnel if if the military personnel are transferred out in order to allow the child to him to remain in a stand in a consistent  environment they may have an exception to that so there are there but there are exceptions or statutory exceptions i think this is a very similar thing there are saying that because of a disability she should have been allowed to stay in the school where she had been getting she had other terrible problems in a better freshman sophomore year of freshman year primarily she had been hospitalized for  belief from two thousand and four to two thousand and sixteen actually two thousand and seventeen she was getting the kind of help that her disability required that you get she was getting counseling she was in a very consistent environment but in her fifth she would have been able to and to receive this benefit the benefit being attending naperville central high school the benefit is not already a free public education which be able to enroll in the schools there are certain exemptions which we talked about briefly but the appellant felt with another of those homeless military student a family that maybe naperville or dollars grove agreed to that in this case or any other case there's also an issue of whether or not there really was a health and safety reason which would allow such a such an action to t at that point there was never at that point in time there was no indication that the appellant was seeking an accommodation it was never raised to the district that there was a disability that need to be accommodated was simply desire for her to continue out of her senior year at nick reveal central high school in the district simply said under its policies it could not in the record is replete with difficult situations where want any more special education classes but that did not make her ineligible for an e t a accommodation or rehabilitation act accommodation and that's what she asked for in this case all she wanted to do she wasn't looking to play basketball or do anything at the end it had a new school at a different end of the school she was transferred out or she had been forced to leave she was just looking to go to get through the final year of high school without the effects of her disability