Hearing Officer Decisions 2006-2007

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Refer also to Index of Issues

July 1, 2006 to June 30, 2007

  • Case #1—Reference # 06- 068
    • Whether there was an exception to IDEA's two year statute of limitation applicable to the allegations made in this case?
  • Case #2—Reference # 06- 076
    • Whether the school division offered the student a free appropriate public education (FAPE) considering the needed vocational transition services required?
    • Whether the school division was required to offer extended school year (ERS) services to the student to provide a free appropriate public education (FAPE) when no significant evidence of regression has been included in the record?
  • Case #3—Reference # 06- 085
    • Whether the local educational agency (LEA) violated procedural and substantive mandates of Child Find and the eligibility process?
  • Case #4—Reference # 06- 092
    • Whether the school division's reevaluation of the child that did not consider existing evaluation data on the child provided a sufficient basis to determine the child was ineligible for special education and related services?
    • Whether the school division administered a sufficiently comprehensive evaluation to identify all of the child's special education and related services needs whether or not commonly linked to the disability category where the child was previously classified?
  • Case #5—Reference # 06- 093
    • Whether the school division's reevaluation of the child that did not consider existing evaluation data nor identify additional data necessary provided a sufficient basis to determine that the child was ineligible for special education and related services?
  • Case #6—Reference # 06- 096
    • Whether a parent's lack of consent for a particular placement should be overridden when the student's IEP team determined the placement to be appropriate?
  • Case #7—Reference # 06- 097
    • Whether the individualized education program (IEP) developed for the child for the 2005-2006 school year was properly implemented?
    • Whether the child's parents were regularly informed of the child's educational progress?
    • Whether the school division provided support services and accommodations identified in the child's IEP?
    • Whether the child was denied a free appropriate public education (FAPE) by reason of ridicule by the school division's faculty and staff?
  • Case #8—Reference # 07- 017
    • Whether the school division provided the hours of homebound instruction and tutoring ordered by the hearing officer in her amended order dated February 15, 2006?
    • Whether the failure of the school division to provide certain hours of homebound instruction and tutoring denied the student a free appropriate public education (FAPE)?
  • Case #9—Reference # 07- 026
    • Whether a school division may file a "counterclaim" in the course of a due process proceeding initiated by a parent?
    • Whether a due process hearing officer may dismiss a parent's request for a due process proceeding when the parent and parent's counsel refuse to comply in good faith with the due process hearing officer's orders?
  • Case #10—Reference # 07- 031
    • Whether the student received a free appropriate public education (FAPE) in his current homebound placement during the current and the 2005-2006 school years?
  • Case #11—Reference # 07- 035
    • Whether the school division offered the student a free appropriate public education (FAPE) when the offered individualized education program did not describe a specific location or specific methods to be used in delivering special education services?
  • Case #12—Reference # 07- 037
    • Whether the Virginia Department of Education is a proper party to this due process proceeding alleging the failure to provide a free appropriate public education ("FAPE") to a student served in a local school division with an Individualized Education Program ("IEP") prepared by the student's IEP team?
  • Case #13—Reference # 07- 038
    • Whether a Student's IEP prepared by the student's IEP team with the participation of the local school division offered a free appropriate public education ("FAPE") to the student?
  • Case #14—Reference # 07- 044
    • Whether a student who has been expelled form a local school division can receive a free appropriate public education (FAPE) in an alternative setting that does not provide the same extra-curricular activities and academic choices as the home school the student previously attended?
    • Whether the student who challenged a proposed individualized education program (IEP) had the burden of proof in the due process hearing?
  • Case #15—Reference # 07- 051
    • Whether the school division is deemed not to have had prior knowledge of a child's disability because child had been evaluated in accordance with IDEA 2004 regulations 34 C.F.R. §§ 300.300 through 300.311, and determined not to be a child with a disability?
    • Whether child is entitled to a Manifestation Determination Review (MDR) under 34 C.F.R. §§ 300.534 and 300.530(e) of the IDEA 2004 regulations?