Hearing Officer Decisions 2018-2019
All documents below are in Word format.
July 1, 2018 to June 30, 2019
- Whether the student is eligible for special education services as a student with a disability under the Individuals with Disabilities Education Improvement Act (IDEA) as provided in the category of Other Health Impaired (OHI)?
- Whether the LEA correctly determined that the student was not eligible for special education services as a student with a disability under the Individuals with Disabilities Education Improvement Act (IDEA)?
- Whether the student's Section 504 Plan (Section 504 of the Rehabilitation Act of 1974) was appropriate?
- Whether the eligibility committee appropriately considered the independent neuropsychological evaluation prepared by the parents' expert and presented to the committee at the beginning of the meeting?
- Whether the parents were given an appropriate opportunity to participate in the eligibility meeting?
- Whether the LEA provided the student with a free and appropriate public education (FAPE)?
- Whether the Student’s January 2018 IEP provided the Student with a Free Appropriate Public Education?
- Whether an eligibility meeting requested by the parents in 2018 to determine if the Student was eligible for additional services under additional disability categories was improperly delayed, and, if so, whether the delay caused a denial of FAPE?
- Whether the IEP offered by the LEA in January 2019 offered FAPE?
- Whether the LEA denied the student FAPE by refusing to convene IEP meetings at a "mutually agreed upon" location and refusing to allow the Parent and their Advocate to appear via teleconference or telephone?
- Whether the LEA denied the student FAPE by failing to educate the Parent regarding opportunities available under IDEA?
- Whether the LEA denied the student FAPE by failing to accept "partial consent" including homebound services?
- Whether the LEA denied the student FAPE by finding that the Child was not eligible for IDEA services, including a designation of "autism"?
- Whether the LEA denied the student FAPE by failing to develop goals that addressed "toileting needs" or other medical limitations?
- Whether the LEA denied the student FAPE by interfering with parental access to "work samples?"
- Whether the LEA denied the student FAPE by denying the student's placement in a private placement at a specific school requested by the parent?
- Whether the LEA denied the student FAPE by not providing compensatory homebound services?
- Whether the LEA denied the student FAPE by failing to provide the student "trained staff"?
- Whether the LEA denied the student FAPE by providing the student a "behavior plan" to address safety issues, including but not limited to anxiety?
- Whether the LEA denied the student FAPE by ignoring the independent psychological report and other data provided?
- Whether the LEA denied the student FAPE by terminating an IEP meeting?
- Whether the LEA denied the student FAPE by not considering the student's frequent use of the clinic?
- Whether the Student's 2017 and 2018 IEPs provided a free appropriate public education to the Student?
- Whether the Manifestation Determination Review (MDR) Committee's decision that the student's behavior was not a manifestation of the child's disability was proper?
- Whether the student's behavior was a result of the LEAs failure to implement the student's IEP?
- Whether the LEA failed to provide services pursuant to the student's IEP?
- Whether the LEA provided the student with a free appropriate public education (FAPE)?
- Whether the student should be provided with compensatory services requested by the parent?
- Whether the school division improperly failed to identify the student as eligible under the IDEA?
- Whether the school division improperly failed to evaluate the student for IDEA eligibility as requested by the parent?
- Whether the school division failed to provide the student with a free appropriate education (FAPE) under IDEA by not providing him with an individualized education plan (IEP)?
- If the student was denied FAPE, are the parents entitled to reimbursement for unilaterally placing the student in private school?
- May the parents revoke consent to an IEP despite receiving notice of their procedural rights and a proposed copy of the IEP?
- Are parents entitled to reimbursement of tuition costs incurred when they unilaterally placed their child in a private, unlicensed, school of their choice?
- Whether the student required a full-time one on one nurse at school to implement the Student’s Health Care Plan in order to receive a FAPE?
- Whether the LEA denied the student FAPE by not ensuring that the student was offered an appropriate IEP?
- Whether the LEA denied the student FAPE by predetermining the content of an IEP meeting and denying the parent meaningful development of the IEP?
- Whether the LEA denied the student FAPE by failing to provide advance disclosure to the parent of all LEA participants for the IEP meeting?
- Whether the LEA denied the student FAPE by failing to conduct a functional behavioral assessment (FBA) of the student to identify the purposes of the student’s specific problem behaviors and to help the IEP team select interventions to directly address the problem behaviors?
- Whether the LEA denied the student FAPE by failing to provide special education school transportation in the student’s IEP?
- Whether the LEA denied the student FAPE by failing to provide Extended School Year (ESY) services in the student’s IEP?
- Whether the LEA denied the student FAPE by predetermining, prior to an IEP team meeting, that the student would be placed in a general education classroom?
- Whether the LEA denied the student FAPE by predetermining, prior to an IEP team meeting, that the student would not be placed in a transition program in a private school?
- Whether the LEA should be ordered to collaborate with an independent evaluator of the parent’s choice, funded by the LEA, to evaluate and assess the student?
- Whether the student was provided a Free Appropriate Public Education (FAPE)?
- Whether the LEA failed to implement or develop an Individualized Education Program (IEP) with appropriate goals, services, and accommodations?
- Whether the LEA violated procedural regulations of the IDEA?
- Whether the LEA discriminated against the student by denying the student access to activities in violation of Section 504 of the Rehabilitation Act (Section 504)?
- Whether the student was denied a FAPE due to the LEA not adequately providing a proper placement or services that would enable the student to make meaningful academic progress?
- Whether the student’s parents were entitled to reimbursement for unilaterally placing the student at a private school?
- Whether student's conduct resulting in a long term suspension was caused by or had a direct and substantial relationship to the student's disability?
- Whether the student's conduct was the direct result of the LEA's failure to implement the student's IEP?
- Whether the LEA improperly failed to conduct a manifestation determination review (MDR) and, if not, was FAPE denied as a result?
- Whether the student was unilaterally placed in home based without parental consent or an IEP meeting and, if so, did it result in the denial of a free and appropriate public education?
- Whether the LEA disciplined the student for behavior directly related to his identified or suspected disability and whether such denial resulted in a denial of a free and appropriate public education?
- Whether the LEA provided FAPE to the student?
- Whether the LEA provided services pursuant to the stay put IEP?
- Whether the student is entitled to compensatory services?
Case – Reference #18-045 / 18-050
- Whether the LEA was required to conduct a Manifestation Determination of Review for Student whose parents had not yet provided written consent to the initial provision of special education and related services at the time of the disciplinary infraction?
- Whether the LEA complied with IDEA procedures in developing the student's Individualized Education Plan (IEP)?
- Whether the student's IEP was designed to provide the student with a Free Appropriate Public Education (FAPE)?