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Private Home Care Provider Licensing

Topic: Health Law, Decided by Judge Schroer 
Docket Number: 2012779 , Decision Date: 2020-02-12 
Attachment: Click here to download the decision. 

After a DCH inspector twice failed to gain entry to the office of the private home care provider for unannounced inspections, DCH revoked the Petitioner’s license.  The decision to revoke the license was reversed and remanded; instead, the appropriate sanction was suspension of the license [..] Read More..

Special Education Eligibility

Topic: Special Education, Decided by Judge Schroer 
Docket Number: 2010941 , Decision Date: 2020-01-14 
Attachment: Click here to download the decision. 

The student should have been found eligible for special education in the categories of Emotional Behavior Disorder and Other Health Impairment.

Appellate review

In this matter regarding a National Pollutant Discharge Elimination System permit, the Court of Appeals vacated the order of the superior court to the extent that it affirmed the issuance of the permit, and it remanded with direction that the superior court in turn remand [..] Read More..

No violation of Child Find

Topic: Special Education, Decided by Judge Schroer 
Docket Number: 1810680 , Decision Date: 2018-01-22 
Attachment: Click here to download the decision. 

Although the District could have acted with more urgency, it did not violate the Child Find provisions of IDEA, which require it to identify and evaluate a child with a suspected disability within a reasonable amount of time.

Psychologist not required at IEP meeting

Topic: Special Education, Decided by Judge Schroer 
Docket Number: 1814155 , Decision Date: 2018-01-22 
Attachment: Click here to download the decision. 

IDEA does not require psychologist to attend IEP meetings to discuss psychoeducational evaluation results.

No jurisdiction to enforce resolution agreement

Topic: Special Education, Decided by Judge Schroer 
Docket Number: 1810683 , Decision Date: 2017-11-03 
Attachment: Click here to download the decision. 

OSAH does not have jurisdiction to enforce a Resolution Agreement reached through the State Complaint process.

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