Hearing Officer Decisions 2017-2018

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Refer also to Index of Issues

All documents below are in Word format.

July 1, 2017 to June 30, 2018

Case – Reference #18-047

  • Whether the student’s IEP was designed to provide the student with a Free Appropriate Public education (FAPE)?
  • Whether the LEA denied the student FAPE when it failed to provide home-bound services?
  • Whether the LEA’s proposed IEP, which included a schedule that would not allow the student to graduate on time, was appropriate?
  • Whether the LEA properly concluded that the student did not qualify for extended school year (ESY) services?

Case – Reference #18-033

  • Whether the student was denied a Free Appropriate Education (FAPE) when the school division failed or refused to consider documents supporting placement of the student at a private school?
  • Whether the student was denied a Free Appropriate Education when the school division did not allow certain witnesses to participate in the IEP meetings?
  • Whether the student was denied a Free Appropriate Education when the school division did not complete a Safety Plan and/or provide it to the parents after agreeing to develop a Safety Plan?
  • Whether the student was denied a Free Appropriate Education when the school division did not invite certain proposed IEP team members to participate, including school nurse?
  • Whether the student was denied a Free Appropriate Education when the IEP meeting was unilaterally terminated?
  • Whether the student was denied FAPE when the school division disregarded the consensus of the IEP team as to private school placement?

Case – Reference #18-027

  • Whether the student was denied a free appropriate public education (FAPE) when the LEA allegedly failed to comply with the parent’s request to schedule an Individualized Education Program (IEP) meeting?
  • Whether the student was denied a free appropriate public education (FAPE) when the LEA conducted a Triennial Component Review (TCR) meeting without the parents being present?

Case – Reference #18-016

  • Whether the student has been provided with a free and appropriate public education (FAPE), in the least restrictive environment (LRE), within the meaning of the Individuals with Disabilities Education Act (IDEA)?
  • Whether the IEP proposed by the LEA includes appropriate annual goals and educational services to enable the student to a free and appropriate public education (FAPE)?

Case – Reference #18-004

  • Whether the student’s Individualized Education Program (IEP) was appropriate and provided a free appropriate public education (FAPE) to the student for the 2016-2017 school year?
  • Whether the student’s parents can claim defects in the LEA’s proposed IEP after the parents refused to allow evaluations that may have impacted the proposed IEP?
  • Whether the failure of the LEA to conduct a functional behavioral assessment (FBA) was merely de minimus or technical or whether the nature of the violation was sufficiently serious and severe as to constitute a denial of FAPE to the student?
  • Whether the student should be placed in a private day placement if the LEA’s proposed
    IEP does not offer FAPE?

Case – Reference #18-002

  • Whether the school division failed to provide a Free Appropriate Public Education (FAPE) to a student when an IEP meeting was not held until seven months after the parents requested a functional behavior assessment and behavior intervention plan?
  • Whether the IEP of a student with a specific learning disability was reasonably calculated to enable him to make meaningful educational process and therefore receive FAPE?
  • Whether the student was denied FAPE when the school division failed to address allegations of disability harassment and bullying?
  • Whether the student was denied FAPE as a result of the school division’s alleged failure to investigate disability harassment?
  • Whether the student was denied FAPE when the school division allegedly retaliated against parents for advocating for  their son?
  • Whether the student is entitled to compensatory services?

Case – Reference #17-063

  • Whether the school division failed to properly evaluate and identify the student’s speech- language disability?
  • Whether the student’s placement was in the least restrictive environment (LRE)?
  • Whether the student’s IEP that provided for a program designed to enable the child to seek an Applied Studies Diploma rather than a Standard Diploma denied the student a Free Appropriate Public Education (FAPE)?
  • Whether the IEP was reasonably calculated to offer the student meaningful educational benefits based on the standards set forth in Rowley and Endrew?