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GNETS placement did not violate IDEA’s “least restrictive environment” mandate

Topic: Special Education, Decided by Judge Schroer 
Docket Number: 0000000 , Decision Date: 2022-01-18 
Attachment: Click here to download the decision. 

In denying a  request for relief under the Individuals with Disabilities Education Act (“IDEA”).  Judge Schroer concluded the student’s GNETS placement did not violate the “least restrictive environment” mandate, as the evidence showed the student required a therapeutic environment to learn self-regulation and social skills.

Judge upholds school district’s finding that child’s misconduct was not caused by untreated impulsivity issues

Topic: Special Education, Decided by Judge Howells 
Docket Number: 0000000 , Decision Date: 2022-01-18 
Attachment: Click here to download the decision. 

Judge Howells affirmed the school district’s manifestation determination that a 12-year-old’s misconduct—specifically, brandishing an airsoft gun at school—was not caused by the special-education student’s untreated issues with impulsivity.

Student making progress in general education not eligible for IDEA relief

Topic: Special Education, Decided by Judge Barnes 
Docket Number: 0000000 , Decision Date: 2021-05-27 
Attachment: Click here to download the decision. 

Judge Barnes determined the student at issue was not eligible for relief under the Individuals with Disabilities Education Act (“IDEA”). The student and her parents failed to show the student was eligible for special educational services. Although she displayed some weaknesses, the student otherwise was [..] Read More..

GNETS placement deemed improper; ordered relief includes co-taught classroom, ESY

Topic: Special Education, Decided by Judge Malihi 
Docket Number: 0000000 , Decision Date: 2020-01-21 
Attachment: Click here to download the decision. 
Attachment: Click here to download the decision on appeal. 

This case addressed whether the continued placement of a 7-year-old special education student in GNETS was the least restrictive environment (LRE). Judge Malihi concluded the student was unnecessarily and prematurely placed in GNETS, and thus was denied a free appropriate public education (“FAPE”). Relief included [..] Read More..

Necessity to Conduct IEE and Comply with Stay-Put Provision

Topic: Special Education, Decided by Judge Howells 
Docket Number: 2003654 , Decision Date: 2020-01-27 
Attachment: Click here to download the decision. 

The School District violated the Individuals with Disabilities Education Act (IDEA) by failing to conduct an independent evaluation for occupational therapy (OT),  failing to provide adequate OT services based on the student’s significant needs, and failing to comply with the stay-put provision of the law.

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.

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