Was the school division's proposed Individualized Education Program (IEP) sufficient to provide a Free Appropriate Public Education to the student?
If the school division's proposed Individualized Education Program (IEP) does not provide a Free Appropriate Public Education, is the parents'
proposed private school the child's proper placement for the 2019- 2020 school year?
Does the LEA owe the parents reimbursement for current and past school years?
Whether LEA denied Student a Free Appropriate Public Education (FAPE) by developing an inappropriate IEP in August 2018, with a deficient number of minutes per week of specialized instruction in both the general education and special education settings?
Whether LEA denied Student a Free Appropriate Public Education (FAPE) by developing an inappropriate IEP in August 2018, which proposed proposed an unsuitable placement at a public school?
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 LEA unnecessarily delayed or denied the Parent's request for an Independent Educational Evaluation and/or Independent Functional Behavior Assessment?
Assuming the existence of such delay regarding the Parent's request for an Independent Educational Evaluation and/or an Independent Functional Behavior Assessment, did the delay deny the Child FAPE?
Assuming the existence of such delay regarding the Parent's request for an Independent Educational Evaluation and/or an Independent Functional Behavior Assessment did such delay interfere with the Parent's participation in the special education process including meaningful participation in the Student's IEP meetings?
Assuming the existence of such delay regarding the Parent's request for an Independent Educational Evaluation and/or an independent Functional Behavior Assessment, did such delay prohibit or hinder the Parent's ability to provide "informed consent" due to their not having access to all relevant information regarding the Child's academic performance and progress?
Whether the LEA failed to evaluate the child in accordance with the IDEA during the 2017 and 2018 school years?
Whether the LEA intentionally excluded the Parent's input in the IDEA process by failing to perform independent evaluations since September 2017?
Did the 2017 Draft IEP fail to offer the Student FAPE as a result of its allegedly improper assessment of the Student's primary and secondary disability categories?
Did the 2017 Draft IEP fail to offer the Student FAPE because it allegedly did not propose a private day placement (a) that was reasonably calculated to enable the Student to make appropriate progress on his IEP goals in light of his circumstances, (b) that would meet the Student's unique needs related to his Autism, or (c) that was "as close as possible to the child's home"?
Was the private day school where the Student's Guardian placed him an appropriate academic setting?
Did the LEA fail to provide FAPE when the Student received no educational services for several months in 2017?
Whether the Student's 2017 and 2018 IEPs provided a free appropriate public education to the Student?
Whether LEA's proposed IEP was reasonably calculated to provide FAPE to Student?
Whether parent's choice of private school is appropriate for Student under IDEA?
Whether parents are entitled to reimbursement for the cost of tuition and related services at the private school where they unilaterally placed Student?
Does the statute of limitations bar the Parents' claims concerning the IEPs or special education provided in the 4th and 5th grades and prior to that time?
Are the Parents precluded from asserting claims as to school years under agreed IEPs?
Are the Parents' claims for reimbursement of private school tuition barred for failure to timely grant consent for updated evaluations to be performed by LEA?
Did the LEA offer an appropriate program for the 2018-2019, and 2019-2020 school years?
If not, is the private school program the appropriate program for the Student for the 2019-2020 school year?
Should LEA be directed to provide compensatory services to the Student in the manner of reimbursement to the Parents for the tuition and related expenses of the School and tutoring cost?
Whether Student was denied a Free Appropriate Public Education (FAPE) under IDEA by LEA because Student was not provided services in the least restrictive environment (LRE)?
Whether Student was denied a Free Appropriate Public Education (FAPE) under IDEA because LEA filed to identify and address Student's dyslexia?
Whether Student was denied a Free Appropriate Public Education (FAPE) under IDEA because LEA denied parents meaningful participation in the IEP process.
Whether Student was denied a Free Appropriate Public Education (FAPE) under IDEA because LEA engaged in intimidation and racially-based discrimination?
Whether Student was denied a Free Appropriate Public Education (FAPE) under IDEA because LEA failed to secure comprehensive information prior to making eligibility decisions?
Whether Student was denied a Free Appropriate Public Education (FAPE) under IDEA because LEA failed to report possible disability indicators to deny services?
Whether Student was denied a Free Appropriate Public Education (FAPE) under IDEA because LEA denied Extended School Year Services by proposing such services in late in the school year?
Whether Student was denied a Free Appropriate Public Education (FAPE) under IDEA because LEA failed to develop a proper IEP for Student?
Whether the Parents' pre-November 11, 2017 eligibility claims are barred by the IDEA two year statute of limitations and whether the Parents are precluded from contesting the 2015 and 2017 eligibility determinations and all IEPs to which they agreed?
Whether the LEA has proposed an appropriate and least restrictive program for the 2019-2020 school year?
Whether LEA failed to provide an Individualized Education Program (IEP) that contained appropriate goals, accommodations, services and placement to enable Student to access a meaningful educational benefit during the 2018-2019 school years, given Student’s unique educational needs?
Whether Parent is entitled to reimbursement for unilateral placement at a residential facility?
Whether LEA has denied Student a FAPE by failing to provide behavior and social skills support in the 2019‑2020 school year?
Whether LEA denied the Student FAPE by failing to provide the required behavior supports for the Student to provide assistance in self‑regulation, social skill interactions with peers/adults, and acclimatization with school norms?
Whether LEA denied the Student FAPE by failing to properly train school staff regarding the severity of the Student's disabilities and interfering behaviors as well as how to implement effective positive behavior supports unique to the Student's needs?
Whether LEA denied the Student a FAPE by not determining the Student eligible for special education, as having an Other Health Impairment disability, on November 7, 2019, based on the data, parent input, teacher input, advocate input, and medical diagnosis presented?
Whether LEA denied the Student FAPE by failing to provide a Safety Plan in a timely manner for the Student to address physical and verbal aggression, as well as elopement (flight), occurrences?
Whether LEA denied Student a free appropriate public education (FAPE) by placing Student in an overly restrictive home-services environment?
Whether, in 2019, LEA denied Student a FAPE by seeking to impede the parent’s right to file a request for a due process hearing?
Whether LEA denied Student a FAPE by not placing Student in a suitable education placement, such as Parent’s Selected Private School, appropriate for a student with severe dyslexia needing intensive reading support and, as this student, diagnosed with Reflex Neurovascular Dystrophy?
Whether from 2017 to 2019, LEA denied Student a FAPE by failing to provide intensive reading intervention, counseling services and parent counseling and training?
Whether since 2019, LEA has denied Student a FAPE by failing to develop an appropriate Individualized Education Program for Student with an appropriate, research based, intensive reading program?
Whether LEA has denied Student a FAPE by failing to conduct a functional behavioral assessment (FBA) requested by the parent?
Whether the LEA denied the Child FAPE by allegedly improper use of mechanical restraints for the 2017‑2018 school year?
Whether the LEA denied the Child FAPE by allegedly failing to create effective behavioral goals in the Child's IEP for the 2017‑2018 school year?
Whether the LEA denied the Child FAPE by allegedly failing to have and/or implement an effective Behavior Implementation Plan to address the Child's dropping and mouthing for the 2017‑2018 school year?
Whether the LEA denied the Child FAPE by allegedly failing to have and/or implement an effective Behavior Implementation Plan to address the use of restraints for the 2017‑2018 school year?
Whether the LEA denied the Child FAPE by allegedly failing to provide physical therapy as a direct service in the 2017‑2018 school year and thereafter?
Whether the LEA committed procedural errors under the IDEA regarding the May 7, 2018, IEP meeting where the Parent/Child alleges, under Issue No. 4 of the Due Process Complaint and, if so, did such errors deny the Child FAPE?
If the LEA committed violations or procedural errors regarding the IEP or its implementation of FAPE under the IDEA, are any such violations barred by the statute of limitations?
Whether the LEA violated the Child's rights under Section 504 of the Rehabilitation Act by its use of mechanical restraints and/or its failure to document such use during the 2017‑18 school year and, if so, what are the remedies required?
If the LEA is found to have violated Section of 504 of the Rehabilitation Act of 1973, are any such violations barred by the statute of limitations?
Whether Student’s discipline necessitated a manifestation determination review when, at the time of the discipline, student’s Parent had withheld consent to the initial eligibility determination?
Did the LEA have knowledge or suspicion of the student having a disability before student’s discipline in 2019 that led to the student being placed at X school? If so, did the LEA deny the child a FAPE by not holding a manifestation determination and/or placing child at X school?
Did the LEA conduct a proper manifestation determination review regarding an incident involving the conduct of the child on or about January 21, 2020? If not, was there a denial of FAPE?
Did the LEA err when it determined that the incident occurring on or about January 2020, was not a manifestation of the child’s suspected disability? If so, was there a denial of FAPE?
Did the LEA on or about March 2020, conduct an eligibility determination that failed to consider all suspected areas of disabilities of the child. Specifically, did the LEA fail to consider OHI as it pertains to any trauma, anxiety, and depression experienced by the child? If so, did the LEA deny the student a FAPE?
During the eligibility determination process in 2020, did the LEA fail to collect behavior and discipline data regarding the child? If so, did the LEA deny the child a FAPE?
Did the LEA make its eligibility determination without information pertaining to the child’s behavior and discipline record; particularly, without considering (i) videos of the child’s behaviors on or about January 2019 and January 2020 and (ii) Expert’s file of the child before the student’s expulsion? If so, did the LEA deny the child a FAPE?
Did the LEA deny parental participation in the eligibility process on or about March 5, 2020? If so, did the LEA deny the child a FAPE?
