send for him to have a determination on what it was whether it was possible your honor i believe that the record as it exists makes it possible for this court to make that determination for two reasons because if you remember under five six three to five they not only required offer an interim placement for fifteen days or so i think thirty days but then they have to offer a permanent placement within that timeframe they didn't do it going into the hearing office because they the opportunity because because we're only talking about money we are talking about reimbursement first of all the decision that you process decision that held that they didn't offer her permanent placement and therefore from the basis for a partial reimbursement and it was only a partial reimbursement but you're you're appealing well actually they're appealing that we're feeling part the part is partially reimbursement but they're equivalent to a point is no it isn't iran that is a completely different legal theory that says that if you have not been offered an appropriate placement and you know that the parents can us secretary of education that you may not implement or publish in final form any regulation that would procedurally or substantively lessen the production protections provided to children with disabilities under this act i would suggest concern that the problem here might be that what makes all the common sense in the world is not what the loss there should be done for example if this was a music student and i was attending a school district that didn't have a music program and the school district then arranged for private music lessons to move to a district they did have a music program the new school that we will give you the music lessons you don't need to continue we don't have to continue the private program because we can do it now you can take that same hypothetical and stick it on for half of this case it's very we can give are at page eleven thirty three the court says although the stay put provision is meant to preserve the status quo we recognize that when the student transfers educational jurisdictions the status quo no challenged them and in johnson the court said quoting on page eleven eighty one the new agency need not and probably could not provide the exact same educational program they came out and said that in  because whenever we relocate in this country there are always changes there's different taxes there's different services provided there are many changes many people choose to move from one neighborhood to another just for the school districts and if th it would seem likely practical interpretation of the statutory scheme to require that the school district then transported back and forth by southwest airlines every day from west mark and we don't think that that's what's required and what would ip we're going to make sure that ip is implemented but only to the extent possible within existing resources and i don't like my opponent is arguing strenuously that letter the camel is right on point but we know that letter to campbell never touched on this issue of a nonpublic school placement and it office of special education programs at the federal level has ever had a problem with the hard district etc so if i can step back for a second it's a school of how it's want to make it seem like there's this magical thing called stay put and we build this whole idea around stay put but that's not how it is state what is supposed to further the idea yet the whole idea was children were being either excluded from the public schools or being yanked from programs where there was an agreement here there's not a single case in which parents can cite for funding for a nonpublic school placement has moved from one agency to another and that's again because of the practical reality is that there are different resources in different agencies but coming back full circle because just same period covered by the sea whole decision and mike hall well not disagree with that it's the exact same period covered so what they're saying is that the police don't play just wilson decide the c e o appeal in which they found the placements were public trump end of the day who was right was the school district right at the interim placement they offered was substantially identical to the west marclay segment or more problems correct that in fact they were not substantially nicol and if the school district is right why should the school district be payin in the end for the placement because what will happen under those circumstances is it will encourage people to try it again and cetera et cetera that's why i'm saying as a practical matter i mean that technically be moot in the traditional sense test but i don't think that the issues are are so bundled up twelve or twenty u s c and fourteen fifteen if u s c it doesn't come out as a what do we do in this situation what happened in letter to campbell again with students were going from one school district intrastate to another school district sitting around for thirty days with no services because the statu compromise what do we do with the students who chooses to relocate are we going to take the student as the nonpublic school placement and keep it in perpetuity even if the student lives miles and miles and miles away so i hope that's true i know it's a evan possibility is there an argument instead of possibility in this case here i can in good faith tell you it's impossible for a school district to write a check for thirty thousand dollars and i can tell you mr twenty thousand other students and three thousand other special education students that hard district has a duty to and every student who we have that's asked of these sources to provide services to that we decided to take thirty thousand dollars and pay it to a private school takes away services from those children and those students and it's not right it's not fair specially when it unique program over at one school district so they said well we can't do that exact program at the other school district it seems to be stuck worse further beyond sascha let's take a thirty thousand dollar non public school placement well that's possible this would have been possible for and period the initial period before an interim placement is finally approved are permanent placement and improved with that would be current correct policy analysis for the world of possible right petitioner could go into a district court and say that there are some things horribly dangerous and wrong about this in a replacement and we want immediate emergency injunctive relief i don't think as a general rule it would be but i don't think the courts would be precluded from doing that that's never been shown here in fact there's nothing nothing in the record that any service available at west market that the park district couldn't provide equally well and that's very telling they just say it's a private school we when it's a private school we reading of it it's never the hold a public place and is inherently dissimilar to a private placement for the purpose of satisfying the school district obligation to write a quote similar placement on an interim basis and they come right out and say what we're saying which is that the fact that it's that the child's education nothing wrong while the parents are fighting over whether or not this is an appropriate placement so we keep the child in the same question until it's determined that this is an appropriate place if we don't yank the kid out of an appropriate placement put them in a untested placement and then try to figure out whether it's appropriate that's whole the whole concept of the state play and what mr green is arguing is well you know first we should figure out board as we think we are right so put have him put her in our identical placement the parent says no the school board says ok no you've got a chance you can you pay and then you placement is a very complicated thing it's determined by an i e d team the team asked to have certain members you make this meeting sometimes it can go on forever and come up with what's can give us i think that if you have something special you can say that you want to say that you're the chief will probably say you can do it if it's if it's just one point on the  districts place children in nonpublic schools part i'm sure has a number of children there the school districts resources have anything to do with what's possible you know your honor of grace towards the funding school district it's a very complicated thing it comes through the