State maintained that Petitioner did not meet the requisite Level of Care because he did not actually receive skilled nursing services recommended by his physicians. However, Respondent’s own Manual indicates that a determination of whether an individual meets the Skilled Nursing Facility Level of Care hinges upon whether such services are required. The fact that […]
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 on inquiry notice and cannot wait to bring a claim
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 expense. The Georgia Special Needs Scholarship Act specifies that acceptance
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.
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, the right does not encompass all homework and classwork, which
No violation of FAPE for failure to maintain samples of all classwork. Read More
Petitioner, a student, is not entitled to dictate the choice of school where IDEA services will be implemented.
School District may decide the physical location of an IEP. Read More
