and i think that this all should say this to the party i'm not speaking for justice re ask but we have read the facts so you really don't have to argue the facts so much to us it's more of course the law and depending on who you are whose opinion you are challenging what standard of proof or standard very weak review you're going to ask us to impose on our review all right employees when you unknown reasonable response for an emotional a disabled student now it's not the law the law does not distinguish between types of disabilities and there is confirmed by the numerous cases that i've cited where residential placements in the case of an emotionally as a student of have been provided there's also is you know the evidence in the record first of all that the illinois state board of education provided has a list of accredited residential schools for placement and they had at the time the general was placed and i w that well i've never asked for any reimbursement for aspect espen we can concede is not truly a school aspin is a therapy program well this therapy program the findings of the educators as well as the hearing officer which isn't titled to deference by the court by their court in by this court the judge suffer from residential placement a private school placement under certain circumstances based upon the conduct of the parents the original pin as you may recall was based in some part upon i really don't think they think just because it's their residential place and that that is why they were in denying you reimburse me i don't think i really don't think that that the court implying now that there was psychologist the main who was retained by c p s said there without an appropriate setting there is a highly supervised instruction setting jenna's deficit's an emotional regulation you know would continue to impa stuff took place as i recall in the evenings after a day of other life skills counseling odd again to make her emotionally available but nothing ever was designed individually for her i would say i had no i would say that the curriculum was generally what you might expect from high school education or at least you know it components for you know for a high school education but again and the hearing officer agreed the generals tonight say for in a public free and appropriate public education and under those circumstances my burden was simply to show th a was an appropriate environment that is reasonably calculated to provide a yes occasional benefit in that regard i relied in part on the professional opinion of dr russian said that she needed a highly structured supportive environment i believe if you look at dr gary's report fairly read you would see that he confirms and validates the decision there was an appropriate environment during the course of the hearing kato hawkins  social worker went so far as to say they had to get a could not have been educated outside this very same highly structured residential environment and again compare is they act c p s has the capability to provide jenna fake so what they're really saying is simply this we were not able to provide jenna faith we were simply unwilling to provide jennifer aid and if there is a case and if the end if they have is allowed to continue then certainly the chicago public schools don't really have to do anything to advance a student suggested kind of an ideal set up which was and would never offer to general which was again a very small structure class with certified educational specialists but knowing that if th a relevant to for the discussion because they didn't provide but again i believe he talked about a first small contained classroom i'm looking for a precise language well let me ask you complete her high school education felt was lacking in certain things including driver's ed computer training certain things like that that she would require for house up by the time of two thousand and nine was you know not the language requirement so they said there that you didn't see was that they would attempt to provide the courses and by the way it turned out that the computer course was actually the only course they only ha one computer course injected ory yes that was the only three credit she had two years there but but so i was working actually for them to allow her to take a video a way to progress with her education and i went immediately to the school in the fall to immediately after labor day to two s that i rolled in the school and  say that your concern was went beyond just this child's education because you didn't think something like a local and private day school and that you put her somewhere else for purposes that went way beyond your de motives were i think are really relevant i think you have to look at leat educational setting and what was appropriate and whether or not the residential setting was necessary believe that the evidence in this case was very clear the genesis of moral problems are so intertwined oh with her inability to be available for education they had to type a supportive service they had a line provided it wasn't fair necessary for her education and i can tell you i think that i think that the evidence shows ok i believe i successfully argued based on the peer case murphysboro etc they had the least restrictive environment pass is only a consideration when the curriculum and what the classes should look like what the curriculum feel right i would have ben and him at the school engage me in their process i mean i tried to engage them in a process from the fall of two thousand and six until the spring of two thousand and nine and not once during a period of time did we have any sort of i e p me where we could have planned out that type of  ip requirement is that it be reviewed again you only but the school did not review it in two thousand and six to two thousand and seven and two thousand and seven two thousand and eight and two thousand and eight until the end of two thousand and nine who was a delay due to faith that the later security issue in the order they had i should of reasonably known that that's what they were doing the question always is when the statue of limitations issue when should i have two thousand and seven school year i was certainly timely under that scenario additionally he circuit court opener dicta said well you know you should've known at the one year anniversary of your nurse may please the court also leon louder on behalf of the chicago board of education i'll start with the statute of limitations arguments and so that's where he left off first he's alleging that there's a continuing violation exception he didn't cite any cases for als case that says continuing violations exception to sue not apply there are three exceptions in the statute that quibble exceptions those are the exceptions that apply not continuing violation and i can give you that cite if you'd like it for the abington cases six ninety six f thirty two thirty three so i don't believe the continuing violation theory gets anywhere as first the statute of limitations the the trial court found that she said that he should've known by date december of zero six that the board wasn't going to take action that was not clear air and that's the standard that you're asked to apply here was that a clearly erroneous finding no there hadn't been any ip meeting since december of zero five zero zero one year later there has to be an annual a p meeting there wasn't an ip meeting by december of zero six that's the time he knew or should have known and as far as him not being an educational lawyer the court found that they were the hearing officer found he's a lawyer fee chooses to represent himself and his child in special education manner than i think he should be held to the standard of a person who knows how to read the statu procedural rights along it packet of perceived all right he said that he got the letter so he got the notice let me go back to the standard of review you're asking whether it should be the trial court if it's the trafford i believe it's there and she found that it was unreasonable to expect reimbursement when the problems janet was exhibiting were primarily behavioral now mr risk behaviors outside the school in the community and were not necessarily the school's concern he also found that the evidence included that the fact that most many of jenna's problems stem from parent child management issues example miss hawkins testified that janice problems were substance abuse promiscuity truancy lying disrespect for authority refusing to follow the rules extraordinarily self destructive behavior and poor peer relations those are not educational issues those are issues of parent child management there are some things the school can't to the school can't get a kid out of bed in the morning to make them come to school they can't make sure that a kid doesn't get sexually abused by her neighbor who's five years older than her they can't make sure that the kid's not right in the train late at night but not at home those are things that schools can't do only parents can do that and the schools it's unreasonable to expect the school to do that and that's what the trial  the at the last that you pee meeting before they decide to make the unilateral placement to come and tell the school why they don't think the school's placement is adequate and here the schools placement was that she was in the resource room and that she had  resource a small room where she had a special education teacher and then to class this she had especially haitian teacher who went with her she was in the general education part of the school for geometry and another class some sort of civics class and a special education teacher went with her to those classes too so that's what the school offered miss siegel's didn't come and say that's not adequate she said that's fine and so that's why that it's it was one reason why we shouldn't have to reimburse the second is that it was unreasonable in the third is that i'm forgetting now that there's a second  the second reason is ten days prior ten business days prior to removing the kid from the public school the parent is supposed to notify us he didn't do that he removed her from the public schools on may twenty sixth when he meeting on november twenty eighth of two thousand and six that she attended an ethernet meeting he was told that that the fourth would have because he had presented a psychological from the doctor out in utah that the board would need to have very good job we hired a psychologist out in maine he said the dog ate his homework basically he lost his report he said he sent it to us that was that was it was a mess but when you decide to move your kid to maine it's kind of hard for the right so the father actually picked that no if i was allowed or didn't pick but it's true that he first but there was an agreement that she should come back to chicago for today evaluation and he asked the chicago board at that point where she going to stay when th state board of education to ask them for the names of some psychologists we finally were able to identify mr gar he was our choice but we made a bad choice but then at towson even after he received that or before fact i think he knew if you seeking reimbursement he knew or should have known by that when we said he didn't have reimbursement that he needed to file for due process at that point he didn't file for due process until three years later i'm going to read it so if you want to send us a reply to that case it can certainly do so on the next sunday ok to two that came all right you know again i would suggest to you that there was nothing we've been sitting in this court room says focuses on that there are there was nothing that would have that there were these two technical arguments procedural arguments that were made again i believe they were both ways because they were not raised a law or in the either in the circuit court or below and that is number one  having to do with miss signals conduct she's not a plaintiff in this case so i don't know why i should be stopped from taking any position having to do with the conduct of  fours no it is not for social reasons first of all it was not finding a case as there wasn't this case by both the circuit court and the hearing officer that they was significantly different then the one that was presented in this case allowing the judge posner the opine you know as far as we can tell it has it's al putrid environment that was there he focused on the small group education and the opinion that brought for this jefferson county versus you know versus a list of the which is just a colorado case i seven ninety eight of second second eleven seventy seven where the judge there found that the maybe i'm a little more aggressive than the average person but i can tell you there's a form to exercise to try to get the type of supportive services that you need from the chicago public schools when month after month year after year the bureaucrats procrastinate and ignore our own problems then you elicit presented to them in the eye and the idea that they would try to help so