Hearing Officer Decisions 2020-2021

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Refer also to Index of Issues

July 1, 2020 to June 30, 2021

Case – Reference  #20-025 (Word)

  • Were the Individual Education Programs (IEPs) provided and proposed by LEA for Student for the fall 2017-2018, 2018-2019 and 2019 to 2020 school years appropriate and designed to permit Student to make meaningful educational progress in the least restrictive environment, given his unique needs, and in accordance with the meaning of the Individual with Disabilities Act, 20 U.S.C., §§ 1400 (IDEA)?
  • Are the Parents entitled to reimbursement and/or public funding under IDEA arising from their unilateral removal of Student from LEA and placement of Student in private school where they unilaterally placed Student for the fall 2017-2020 school years?

Case – Reference #20-041 (Word)

  • Whether there were procedural or substantive violations of the eligibility and/or child study requirements.  If so, what relief, if any, should be granted?
  • Whether the student was denied a free appropriate public education (FAPE)?
  • Whether the student has a disability?
  • Whether the student is in need of special education and related services?
  • Whether the LEA failed to provide the student with a FAPE during the 2019 - 2020 school year by failing to identify the student's disability?
  • Whether the LEA violated Child Find regulations by failing to evaluate the student or by failing to properly interpret and consider the student's independent evaluation(s)?
  • Whether the student's alleged disability resulted in an adverse impact upon her educational performance or access to her curriculum?
  • Whether the student's behavioral record was properly reflected by LEA, and if not, did this alleged failure result in the denial of a FAPE?

Case – Reference #21-009 (Word)

  • Whether the school division has provided the student with a free appropriate public education (FAPE).
  • Whether the student's current Individualized Education Program (IEP) sufficiently addresses the student's special education needs so as to provide a FAPE.
  • Whether the parent is entitled to reimbursement from LEA for educational expenses unilaterally secured for the student.

Case – Reference #21-010 (Word)

  • Whether the Parties entered into a settlement agreement which releases and/or bars some or all of the claims raised by the Amended Due Process request?
  • Whether the Child’s current restriction from attending school is in violation of the IDEA?
  • Whether the LEA followed the applicable regulations regarding the expulsion of Student in March 2019 and, if not, what is the remedy?
  • Whether the child was denied a free appropriate public education (FAPE) on the basis that the school division failed to identify the student’s disability for the 2018-2019, 2019-2020, and 2020-2021 school years?
  • Whether the school division denied the student a free appropriate public education (FAPE) by allegedly failing to implement the student’s IEP for the 2018-2019, 2019-2020, and 2020-2021 school years?

Case – Reference #21-012 (Word)

  • Whether the IEPs proposed during 2018-20 were not reasonably calculated to offer the Student a Free Appropriate Public Education (FAPE) and whether private day school placement at the Private School selected by Parents was/is the appropriate IEP placement for the Student during the 2018-19, 2019-20 and 2020-21 school years.
  • Whether the October, 2020 IEP did not contain adequate and/or appropriate IEP Transition Services, Goals, Accommodations, Services, and Placement to address the Student's needs according to Student’s disabilities and whether a new IEP should be developed that incorporates the recommendations made by Speech Language Pathology and Audiology Expert and Clinical Psychologst, to include placement at the Private School selected by Parents.
  • Whether the Parents should be reimbursed the full fees and expenses incurred by them to effectuate the Student's enrollment and SPED services during the 2018-19 and 2019-20 school years at the Private School selected by Parents, to include 1:1 services, speech, OT, education, etc.
  • Whether the Parents should be reimbursed for any fees and expenses incurred for Speech Pathology and Audiology Expert’s Auditory Processing Independent Educational Evaluation and Speech Language Independent Educational Evaluation and for Clinical Psychologist’s Psychoeducational Independent Educational Evaluation.

Case – Reference #21-034 (Word)

  • Whether the student was denied a free appropriate public education (FAPE) by the school division.
  • Whether the student should be privately placed, at public expense, to receive a free appropriate public education (FAPE).
  • Whether the parent has been denied an opportunity to meaningfully participate in the decision-making process regarding the student’s education.
  • Whether the proposed IEP dated October 20, 2020 is reasonably calculated to provide the student with a free appropriate public education (FAPE).
  • Whether the school division should afford the student an opportunity to participate in public school extra-curricular activities to receive a free appropriate public education (FAPE), if student is privately placed for core instruction.
  • Whether the school division should afford the opportunity for student to participate in vocational activities sponsored by the school division in order to receive a free appropriate public education (FAPE), if Student is privately placed.
  • Whether the school division should pay for family counseling for the student’s family.

Case – Reference #21-035 (Word)

  • Whether the LEA committed procedural violations of the IDEA in the Fall of 2020 in its actions to effectuate an eligibility determination?  If so, did such violations deny the Child FAPE?
  • Whether the LEA denied the Child FAPE by denying xxx eligibility for the school year 2019-2020?
  • Whether the LEA denied the Child FAPE by denying xxx eligibility for the school year 2020-2021?
  • If the Child is found to have been denied FAPE by denying xxx eligibility for the school year 2019-2020, whether the LEA should reimburse the Parents/Child for the costs associated with private assessments and tutoring for school year 2019-2020?  If so, what are the amount and reason for the costs?
  • If the Child is found to have been denied FAPE by denying xxx eligibility for the school year 2020-2021, whether the LEA should reimburse the Parents/Child for the costs associated with private assessments and tutoring for school year 2020-2021?  If so, what are the amount and reason for the costs?
  • If the Child is found to have been denied FAPE by denying xxx eligibility for the school year 2019-2020, whether the LEA should provide compensatory services for the school year 2019-2020?
  • If the Child is found to have been denied FAPE by denying xxx eligibility for the school year 2020-2021, whether the LEA should provide  compensatory services for the school year 2020-2021?

Case – Reference #21-046 (Word)

  • Whether LEA denied the student a free appropriate public education (FAPE) by not continuing its child-find obligations and providing equitable services to the student, when the student was placed by the parents in private schools, for more than five years prior to Spring 2020?
  • Whether LEA denied Student a FAPE, beginning Spring 2020, by not identifying Specific Learning Disability as a disability classification?
  • Whether LEA denied Student a FAPE by not ensuring that its Individualized Education Programs (IEPs) developed for Student beginning May 2020 were appropriate in that the IEPs, did not include annual goals in the areas of social skills, social engagement, vocabulary, life skills, typing, self‑advocacy, handwriting, and communication/rigidity?
  • Whether LEA denied Student a FAPE by not ensuring that its Individualized Education Programs (IEPs) developed for Student beginning May 2020 were appropriate in that the IEPs, did not provide an appropriate statement of Student’s present levels of educational performance (PLOPs)?
  • Whether LEA denied Student a FAPE by not ensuring that its Individualized Education Programs (IEPs) developed for Student beginning May 2020 were appropriate in that the IEPs, did not include accommodations that Student required?
  • Whether LEA denied Student a FAPE by not ensuring that its Individualized Education Programs (IEPs) developed for Student beginning May 2020 were appropriate in that the IEPs, did not provide detailed discussion of the appropriate least restrictive environment (LRE) for Student or of the data the IEP team used to reach its LRE determination?
  • Whether LEA denied Student a FAPE by not ensuring that its Individualized Education Programs (IEPs) developed for Student beginning May 2020 were appropriate in that the IEPs, did not provide for Student’s educational placement in a self‑contained setting for all classes?
  • Whether LEA denied Student a FAPE by not ensuring that its Individualized Education Programs (IEPs) developed for Student beginning May 2020 were appropriate in that the IEPs, lacked an appropriate post-secondary transition plan?
  • Whether LEA denied Student a FAPE by proposing an unsuitable location of services for Student at XXXXX SCHOOL 4 for the 2020-2021 school year?
  • Whether LEA denied Student a FAPE by not offering Student special education services or a special education placement at the last part of 2019-2020 school year or any extended school year services during the summer of 2020?

Case – Reference #21-052 (Word)

  • Whether LEA denied the student a free appropriate public education (FAPE) by failing to provide the parent access to Student’s complete records?
  • Whether LEA denied Student a free appropriate public education (FAPE), by failing to provide parent with copies of Student’s complete educational records and complying with the hearing officer’s subpoena duces tecum issued on behalf of the parent?

Case – Reference #21-062/#21-067 (Word)

  • Whether the LEA denied the Student a free appropriate public education (FAPE) by failing to consider “evidence-based trauma-informed interventions and practices,” in the creation of the Independent Education Program (IEP) (or amendment) on or after January 2021?
  • Whether the LEA denied the Student a free appropriate public education (FAPE) by failing to include a participant in the IEP team with necessary and sufficient knowledge of “evidence-based trauma-informed interventions and practices” in the Student’s eligibility or the IEP’s creation including the proposed amendment, on or after January 2021?
  • Whether the LEA committed procedural errors under IDEA regarding the creation of the IEP (or its amendments) after January 2021, and, if so, did such violations deny the Student FAPE?
  • Whether the LEA denied the Student FAPE by improper actions regarding the effectuation of the Resolution Period allowed by VDOE Case No. 21-062 and, if so, what is the remedy?
  • Whether the Student should be placed in “a private educational program” in accordance with applicable law?

Case – Reference #21-065 (Word)

  • Whether Student was provided with a free appropriate public education (FAPE)?
  • Whether Placement at a Private School is appropriate?
  • Whether Parent is entitled to reimbursement for tuition at Private School and/or monetary damages?