Hearing Officer Decisions 2015-2016

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Refer also to Index of Issues

All documents below are in PDF format.

July 1, 2015 to June 30, 2016

Case – Reference #16-001

  • Whether the school division offered the student a free appropriate public education (FAPE) in the development and/or implementation of the student’s 2014-2015 IEP?
  • Whether the school division offered the student a free appropriate public education (FAPE) in the development and/or implementation of the student’s July 2014 IEP for the 2014-2015 school year?
  • Whether the school division offered the student a free appropriate public education (FAPE) while the student was served in a private residential setting during the 2014-2015 school year?
  • Whether the school division offered the student a free appropriate public education (FAPE) while ABA services were provided to the student at the private residential setting during the 2014-2015 school year?
  • Whether the school division offered the student a free appropriate public education (FAPE) in development of the student’s 2015-2016 IEP?
  • Whether the student required a residential placement in order to receive a free appropriate public education (FAPE) during the 2015-2016 school year?
  • Whether the student and his parents were entitled to reimbursement for expenses incurred in the student’s private educational placement?

Case – Reference #16-002

  • Whether the student’s violation of the school’s code of student conduct was a manifestation of the student’s disability because the conduct was caused by or had a direct and substantial relationship to the student’s disability?
  • Whether the student’s violation of the school’s code of student conduct was a manifestation of the student’s disability because the conduct was a direct result of the school’s failure to implement the student’s individualized education program (IEP)?

Case – Reference #16-008

  • Whether the student’s public school transportation must include door-to-door pick-up and drop-off in order for the student to receive a free appropriate public education (FAPE)?
  • Whether the student must be provided instruction on riding public and school bus transportation in order to receive a FAPE?
  • Whether the student must receive GED preparatory instruction to receive a FAPE?

Case – Reference #16-015

  • Whether the Individualized Education Program (IEP) dated January 30, 2013 was implemented during the two years preceding October 5, 2015 regarding sensory breaks and/or extended time for assignments so that the student was offered a Free Appropriate Public Education (FAPE) in the least restrictive environment (LRE)?
  • Whether a proposed change to the student’s IEP to provide a lunch “bunch” was offered as required to offer the student a FAPE?
  • Whether a November 2013 proposed change to the student’s IEP regarding conducting a FBA and BIP was implemented so the student was offered a FAPE?
  • Whether the annual goals included in the November 2013 IEP offered the student a FAPE?
  • Whether the annual goals included in the IEPs developed on January 23, 2014 and February 11, 2014 offer the student a FAPE?
  • Whether the January 2014 IEP failed to address disability needs identified in the present level of academic achievement and functional performance (PLOP) so that the student was offered a FAPE?
  • Whether the student regressed academically and socially during the 2013-2014 academic year as a result of the failure of the school division’s implementation of the November 2013 IEP so that the student was deprived of a FAPE?
  • Whether the school division offered a FAPE in the August 28, 2015 proposed IEP by providing appropriate annual goals in the IEP?
  • Whether the student’s special education placement offered in the August 28, 2015 IEP predetermined prior to the IEP meeting by the school division?
  • Whether the special education placement included in the proposed August 28, 2014 IEP offer a FAPE to the student?
  • Whether the school division should reimburse the parent for the private school tuition requested?
  • Whether the student should be provided compensatory education services for any failure of the school division to provide FAPE during the relevant period of time?

Case – Reference #16-016

  • Whether the due process notice filed by the parent included all of the needed elements for the parent to proceed to a due process hearing?

Case – Reference #16-023

  • Whether the student’s biological father was a parent who had standing to initiate a Due Process Hearing despite a judicial decree designating the mother as the sole parent to make educational decisions when there is a disagreement between the parents as to an educational issue relating to the child?

Case – Reference #16-024

  • Whether the school division implemented the student’s current Individualized Education Program (IEP) regarding the implementation of the “gait trainer” so the student received a Free Appropriate Public Education (FAPE)?
  • Whether the school division provided the necessary competent staff to implement the student’s IEP related to the use of the “gait trainer” so that the student could receive a FAPE?

Case – Reference #16-029

  • Whether the Individualized Education Program (IEP) developed on September 21, 2015 offered the student a Free Appropriate Public Education (FAPE) in the least restrictive environment (LRE)?