Judge grants involuntary dismissal due to insufficient evidence of multiple IDEA violations

A student and his parents sought relief under the Individuals with Disabilities Education Act (IDEA) following allegations that the school district failed to properly and timely evaluate the student using a Functional Behavioral Analysis (FBA); failed to implement a Behavior Intervention Plan (BIP); and failed to implement the accommodations in his Individualized Education Plan (IEP). Following a hearing, the Court granted the district’s motion for involuntary dismissal because the student’s parents failed to offer any probative evidence of the alleged IDEA violations. The Court noted that the student’s IEP, FBA, and BIP were not tendered or admitted into evidence, nor were knowledgeable witnesses called to speak to many of the allegations.