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School district ordered to hire consultant to develop, oversee child’s educational program.

Topic: Special Education, Decided by Judge Miller 
Docket Number: 1600119 , Decision Date: 2016-01-05 
Attachment: Click here to download the decision. 
Attachment: Click here to download the decision on appeal. 

Petitioner, an autistic child receiving special education services, was not offered a free appropriate public education (FAPE), as guaranteed under the Individuals with Disabilities Education Improvement Act (IDEA).  First, the school district’s staff improperly relied upon the results of invalid functional behavioral assessments, failed to [..] Read More..

Federal court upholds OSAH judge’s decision that a school district’s evaluation did not fulfill IDEA requirements.

Topic: Special Education, Decided by Judge Baxter 
Docket Number: 1419673 , Decision Date: 2014-06-03 
Attachment: Click here to download the decision. 
Attachment: Click here to download the decision on appeal. 

Parents of a special needs child obtained an independent functional assessment after they determined that the school district’s evaluation was inappropriate.  After the parents sought reimbursement for the evaluation, the school district appealed, arguing that its assessment was appropriate.  Judge Baxter granted the parents’ request [..] Read More..

Parent not entitled to independent educational evaluation at public expense.

Topic: Special Education, Decided by Judge Kennedy 
Docket Number: ***** , Decision Date: 2015-06-08 
Attachment: Click here to download the decision. 

After the school district’s speech language pathologist determined after evaluation that a student may not benefit from continued speech therapy, the student’s parent requested an independent evaluation to be conducted at public expense.  However, the parent was not entitled to a second publicly-funded evaluation because [..] Read More..

Claims barred by statute of limitations absent tolling exception.

Topic: Special Education, Decided by Judge Miller 
Docket Number: ***** , Decision Date: 2014-12-02 
Attachment: Click here to download the decision. 

Petitioner, a parent of a special needs child, did not request a due process hearing under the Individuals with Disabilities Education Act (“IDEA”) within two years of the date she knew of the alleged action that formed the basis of her complaint, and did not [..] Read More..

Special needs student may be disciplined for conduct that is not attributable to his disability.

Topic: Special Education, Decided by Judge Kennedy 
Docket Number: ***** , Decision Date: 2015-02-11 
Attachment: Click here to download the decision. 

Petitioner, a high school student with special needs, was found to be in possession of a bottle of tequila while on campus.   After a Manifestation Determination Review Committee determined that his conduct was unrelated to his disability, Petitioner was suspended for the remainder of the [..] Read More..

School district’s proposed extended school year education plan comported with requirements of IDEA.

Topic: Special Education, Decided by Judge Woodard 
Docket Number: 1454724 , Decision Date: 2014-10-10 
Attachment: Click here to download the decision. 

Respondent school district proposed that Petitioner, a child with special needs, receive extended school year (ESY) programming at the rate of 4.5 hours per day, three days per week, and assigned a different lead teacher than was assigned to Petitioner during the regular school year. [..] Read More..

Due Process Complaint dismissed for failure to include a proposed resolution.

Topic: Special Education, Decided by Judge Kennedy 
Docket Number: 1511371 , Decision Date: 2014-10-28 
Attachment: Click here to download the decision. 

Petitioner’s Due Process Complaint against a school system was dismissed without prejudice because Petitioner failed to adhere to the Individuals with Disabilities Education Act (IDEA) requirement that such complaints include “a proposed resolution of the problem to the extent known and available to the complaining [..] Read More..

Failure to comply with court order resulted in case dismissal.

Topic: Special Education, Decided by Judge Kennedy 
Docket Number: ***** , Decision Date: 2014-09-30 
Attachment: Click here to download the decision. 

Petitioner’s willful failure to comply with the Court’s Order directing the student to attend three transition periods to assist in his transition back into the least restrictive environment resulted in dismissal of Petitioner’s Due Process Complaint.

School District proved its school is the appropriate setting for a child taking immunosuppressive medication.

Topic: Special Education, Decided by Judge Schroer 
Docket Number: 1450305 , Decision Date: 2014-09-10 
Attachment: Click here to download the decision. 

Petitioner, a severely disabled eleven-year-old on immunosuppressive medication, argued that attending public school would be hazardous to his health because of his compromised immune system.  However, the School District demonstrated that the school where Petitioner would attend had a small student population and a highly-trained [..] Read More..

School district ordered to reimburse the cost of behavior evaluations.

Topic: Special Education, Decided by Judge Baxter 
Docket Number: ***** , Decision Date: 2014-06-03 
Attachment: Click here to download the decision. 

A school district’s Functional Behavioral Assessment (FBA) was deemed inappropriate because the data collection did not provide reliable conclusions as to the functions of the Petitioner’s serious and problematic behaviors. Additionally, the school district erred in failing to perform a Functional Analysis (FA), which was [..] Read More..

Administration of Diastat on bus a necessary supportive service.

Topic: Special Education, Decided by Judge Schroer 
Docket Number: ***** , Decision Date: 2014-04-30 
Attachment: Click here to download the decision. 

Plaintiffs were denied procedural and substantive rights guaranteed under the Individuals with Disabilities Education Improvement Act (IDEA).  The parent was denied procedural rights when: (1) the school district did not have a knowledgeable agency representative with the authority to commit agency resources at an IEP [..] Read More..

Plaintiff’s IDEA complaint deemed insufficient.

Topic: Special Education, Decided by Judge Miller 
Docket Number: ******* , Decision Date: 2014-04-17 
Attachment: Click here to download the decision. 

The Individuals with Disabilities Education Improvement Act (IDEA) requires that a due process complaint contain a description of the problem relating to a proposed initiation or change in the child’s education, facts relating to the problems, and proposed resolutions. Plaintiff’s complaint was insufficient because the [..] Read More..

Due process complaint dismissed without prejudice for lack of service.

Topic: Special Education, Decided by Judge Howells 
Docket Number: ***** , Decision Date: 2014-04-18 
Attachment: Click here to download the decision. 

Plaintiff, a parent filing a due process request under the Individuals with Disability Education Act (IDEA), did not comply with the Department of Education’s rule, which provides that the initiating party must provide a copy of the complaint to the school district’s superintendent at the [..] Read More..

Motion to Dismiss granted for absence of legally cognizable claims under IDEA.

Topic: Special Education, Decided by Judge Miller 
Docket Number: ***** , Decision Date: 2014-04-21 
Attachment: Click here to download the decision. 

Judge Miller granted Respondent School District’s Motion to Dismiss Plaintiffs’ original due process complaint for failure to state a claim for which relief may be granted under the Individuals with Disabilities Education Act (IDEA).  In their original Complaint, Plaintiffs (1) objected to the physical location [..] Read More..

Complaint must adhere to pleading requirement to describe nature of educational problem.

Topic: Special Education, Decided by Judge Miller 
Docket Number: ***** , Decision Date: 2014-04-29 
Attachment: Click here to download the decision. 

Plaintiffs were required to amend their Individuals with Disabilities Education Act (IDEA) complaint to describe the nature of the educational problem and provide relevant facts, in adherence with pleading requirements intended to achieve fairness by ensuring that the School District receives adequate notice of the [..] Read More..

Plaintiff’s IDEA claims dismissed where insufficient evidence presented to demonstrate that school district failed to provide Free and Appropriate Public Education.

Topic: Special Education, Decided by Judge Baxter 
Docket Number: XXXXXXX , Decision Date: 2014-02-25 
Attachment: Click here to download the decision. 

Plaintiff, a child receiving special education services under the Individuals with Disabilities Education Improvement Act (IDEA), failed to demonstrate that Defendant, a school district, denied him a Free and Appropriate Public Education (FAPE) in the least restrictive environment by providing math classes in a collaborative [..] Read More..

IDEA due process complaint dismissed for failure to participate in mandatory resolution session.

Topic: Special Education, Decided by Judge Kennedy 
Docket Number: ***** , Decision Date: 2014-02-18 
Attachment: Click here to download the decision. 

Under the Individuals with Disabilities Education Act (IDEA), both the parents of the special-education child and the school district must participate in a joint resolution session or mediation prior to a due process hearing, except in the case of a joint waiver.  Petitioner’s due process [..] Read More..

Special diet does not justify in-home placement of special education child.

Topic: Special Education, Decided by Judge Baxter 
Docket Number: ***** , Decision Date: 2010-11-18 
Attachment: Click here to download the decision. 
Attachment: Click here to download the decision on appeal. 

The Eleventh Circuit Court of Appeals affirmed the District Court of the Northern District of Georgia, which had upheld Judge Amanda Baxter’s determination that Plaintiff, a student, was not denied a free appropriate public education (FAPE).  Plaintiff’s parents challenged her educational placement in a severe [..] Read More..

Child appropriately mainstreamed where balanced need for special education with placement in the general education setting for select classes.

Topic: Special Education, Decided by Judge Howells 
Docket Number: ***** , Decision Date: 2013-12-23 
Attachment: Click here to download the decision. 

Plaintiff, a child receiving special education services under the Individuals with Disabilities Education Improvement Act (IDEA), was not denied a Free and Appropriate Public Education (FAPE) in the least restrictive environment.  Plaintiff, who has been diagnosed with Down’s syndrome, has an Individualized Education Program (IEP) [..] Read More..

Failing rigorous magnet school classes does not render child eligible for IDEA.

Topic: Special Education, Decided by Judge Howells 
Docket Number: ***** , Decision Date: 2013-12-05 
Attachment: Click here to download the decision. 

School District did not violate Plaintiff’s rights under the Individuals with Disabilities Education Act (IDEA).  Plaintiff asserted that his rights had been violated by the school district’s failure to identify him as “a child with a disability,” evaluate him, provide him with a Free and [..] Read More..

Two-year statute of limitations bars untimely IDEA claims where parents had reason to know of facts giving rise to claim.

Topic: Special Education, Decided by Judge Howells 
Docket Number: ***** , Decision Date: 2013-10-30 
Attachment: Click here to download the decision. 

Claims arising under the Individuals with Disabilities Education Act (IDEA) were barred by the running of the two-year statute of limitations period. IDEA claims must be brought within two years of when the family knew or should have known of the underlying facts. Parents are [..] Read More..

Enrollment in a private school with the Georgia Special Needs Scholarship Program constitutes parental refusal of IDEA services.

Topic: Special Education, Decided by Judge Baxter 
Docket Number: ***** , Decision Date: 2013-12-04 
Attachment: Click here to download the decision. 

When Defendant’s parents enrolled him in a private school in Fulton County with the use of a Special Needs Scholarship, they waived their right to services under the Individuals with Disabilities Education Act (IDEA), including a right to an independent educational evaluation (IEE) at public [..] Read More..

OSAH does not have subject matter jurisdiction over a breach of a settlement agreement that does not implicate FAPE.

Topic: Special Education, Decided by Judge Walker 
Docket Number: ***** , Decision Date: 2013-09-24 
Attachment: Click here to download the decision. 

The Individuals with Disabilities Education Improvement Act (IDEA) does not grant OSAH subject matter jurisdiction to determine whether a valid settlement agreement exists between a school district and the parents of a special needs child. Such claims may be heard administratively only insofar as they [..] Read More..

No violation of FAPE for failure to maintain samples of all classwork.

Topic: Special Education, Decided by Judge Baxter 
Docket Number: ***** , Decision Date: 2013-10-31 
Attachment: Click here to download the decision. 

The school district did not deny Plaintiff, a special education student, with a free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA).  First, while parents have the right to inspect and review all of their child’s educational records under the IDEA, [..] Read More..

School District may decide the physical location of an IEP.

Topic: Special Education, Decided by Judge Howells 
Docket Number: ***** , Decision Date: 2013-06-26 
Attachment: Click here to download the decision. 

Petitioner, a student, is not entitled to dictate the choice of school where IDEA services will be implemented.

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