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: September 24, 2013
Attachment: Click here to download the decision.
Docket Number: ***** , Decision Date: September 24, 2013
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 implicate the provision of a free and appropriate education to the child.