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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.

Student Not Placed in Least Restrictive Environment

Topic: Special Education, Decided by Judge Malihi 
Docket Number: 1920354 , Decision Date: 2020-01-21 
Attachment: Click here to download the decision. 

The School District denied the student a free appropriate public education under the Individuals with Disabilities Education Act (IDEA) because it did not place the student in the least restrictive environment.

Failure to Implement IEP

Topic: Special Education, Decided by Judge Malihi 
Docket Number: 1920101 , Decision Date: 2019-09-25 
Attachment: Click here to download the decision. 

The School District’s material failure to implement the student’s Individualized Education Program resulted in a denial of a free appropriate public education under the Individuals with Disabilities Education Act (IDEA).

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.

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