Hearing Officer Decisions 2005-2006

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Refer also to Index of Issues

July 1, 2005 to June 30, 2006

  • Case #1—Reference # 04- 111
    • Whether the local school division offered the student a free appropriate public education (FAPE) in the current IEP and, if not should the parent be provided with reimbursement for a private placement?
  • Case #2—Reference # 05- 085
    • Whether a party who bears the burden of proof but does not offer any evidence at the hearing in support of their case shall prevail on their allegations?
  • Case #3—Reference # 05- 103
    • Whether the student was eligible for special education services?
  • Case #4—Reference # 06- 002
    • Whether the Local Education Agency's (LEA) proposed individualized education program (IEP) for the 2005-2006 school year would provide a free appropriate public education (FAPE) to the student and whether the parent's request for reimbursement for private placement would be granted?
  • Case #5—Reference # 06- 019
    • Whether the proposed individualized education program (IEP) for the 2005-2006 school year offered the student a free appropriate public education and whether the parent's request reimbursement for private placement should be granted?
  • Case #6—Reference # 06- 036
    • Whether the local school division provided a free appropriate public education (FAPE) to the student when the student was removed from a portion of his academic classes for speech therapy?
    • Whether the local school division properly implemented the student's individualized education program (IEP) in a manner that provided the student a free appropriate public education (FAPE)?
  • Case #7—Reference # 06- 039
    • Whether the student would be denied a free appropriate public education (FAPE) in the least restrictive environment if he were transitioned to a public school setting as proposed in the local school division's individualized education program (IEP)?
  • Case #8—Reference # 06- 042
    • Whether the failure to provide certain hours of homebound instruction during the 2004-2005 school year denied the student a free appropriate public education?
    • Whether the failure to provide certain hours of homebound instruction during the 2005-2006 school year denied the student a free appropriate public education (FAPE)?
  • Case #9—Reference # 06- 026
    • Whether the individualized education program (IEP) proposed by the school division that includes a change in placement from regular classrooms to self contained special education settings for four periods a day provides a free appropriate public education (FAPE) in the least environment (LRE)?
    • Whether an individual education program (IEP) team's determination that the Virginia Alternate Assessment Program (VAAP) should be utilized was a denial of a free appropriate public education (FAPE)?
    • Whether the individualized education program (IEP) team meetings met the procedural requirements of Notice to the parents and inclusion of individuals necessary to meet regulatory requirements?
  • Case #10—Reference # 06- 016
    • Whether a manifestation review was required when the student voluntarily agreed to a change in the location of special education services subsequent to an allegation of student misconduct?
    • Whether evaluations completed by the local school division were sufficient to determine the student's eligibility for special education services?
    • Whether the student's parents were provided with a significant opportunity to participate in the decision making process regarding the provision of a free appropriate public education (FAPE)?
    • Whether the local school division offered the student a FAPE despite the student's personal issues including drug use and temper management issues, etc.?
  • Case #11—Reference # 06- 053
    • Whether the local school division was required to fund an independent educational evaluation (lEE) requested by the student's parents?
  • Case #12—Reference # 06- 063
    • Whether the student's placement in a regular education with special education support was an appropriate placement?
    • Whether the student was appropriately identified as emotionally disturbed?
  • Case #13—Reference # 06- 065
    • Whether the student's behavior that led to school discipline was a manifestation of the student's disability?
    • Whether the student's placement in a disciplinary setting provided-S the student a free appropriate public education (FAPE)?
  • Case #14—Reference # 06- 029
    • Whether the student will receive a free appropriate public education (FAPE) based on the individualized education program (JEP) proposed by the local school division that utilizes a trained lay person rather than a licensed nurse to support the student's — medical needs?
  • Case #15—Reference # 06- 056
    • Whether failure of the school division to implement the student's 2004-2005 school year TEP, including certain homebound services, denied the student a free appropriate public education (FAPE)?
    • Whether by including a present level of performance alleged to be below the student's actual level of functioning the local school division denied a free appropriate public education (FAPE) to the student?
    • Whether the local school division denied transition services to the student so that the student was denied a FAPE?
  • Case #16—Reference # 06- 071
    • Whether a party who requests a due process hearing can meet his burden of persuasion when no documents or witness names are exchanged by that party five days prior to the hearing?
  • Case #17—Reference # 06- 064
    • Whether a hearing officer may incorporate an individualized education program (TEP) in a decision or order when no issues have been determined related to the IIEP or TEP addendum?