Does a school district have an affirmative duty under the IDEA to prepare an annual IEP for a child for the upcoming school year even after the parents unilaterally enroll the child in private school and seek reimbursement because the school district failed to provide a FAPE for their child?

QUESTION(S) PRESENTED 1. Does a school district have an affirmative duty under the IDEA to prepare an annual individualized education program (IEP) for a child for the upcoming school year even after the parents unilaterally enroll the child in private school and seek reimbursement because the school district failed to provide a free appropriate public education (FAPE) for their child? 2. Should this Court resolve the confusion among the Circuits about a school district’s affirmative duty under the IDEA to continue to prepare an annual IEP for a child even after parents change their child’s enrollment from public to private school in the belief that the school district’s then-current IEP was not providing a FAPE?