Special Education

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

Judge Howells

January 18, 2022

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. Read More

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

Judge Schroer

January 18, 2022

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... Read More

Student making progress in general education not eligible for IDEA relief

May 27, 2021

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... Read More

Necessity to Conduct IEE and Comply with Stay-Put Provision

Judge Howells

January 27, 2020

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... Read More

Student Not Placed in Least Restrictive Environment

Judge Malihi

January 21, 2020

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... Read More

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

Judge Malihi

January 21, 2020

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... Read More

Special Education Eligibility

Judge Schroer

January 14, 2020

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

Failure to Implement IEP

Judge Malihi

September 25, 2019

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). Read More

Psychologist not required at IEP meeting

Judge Schroer

January 22, 2018

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

No violation of Child Find

Judge Schroer

January 22, 2018

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... Read More

No jurisdiction to enforce resolution agreement

Judge Schroer

November 3, 2017

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

School district ordered to hire consultant to develop, oversee child’s educational program.

Judge Miller

January 5, 2016

Petitioner, an autistic child receiving special education services, was not offered a free appropriate public education (FAPE), as guaranteed under the Individuals with Disabilities Education Improvement Act (IDEA).  First, the... Read More

Parent not entitled to independent educational evaluation at public expense.

Judge Kennedy

June 8, 2015

After the school district’s speech language pathologist determined after evaluation that a student may not benefit from continued speech therapy, the student’s parent requested an independent evaluation to be conducted... Read More

Special needs student may be disciplined for conduct that is not attributable to his disability.

Judge Kennedy

February 11, 2015

Petitioner, a high school student with special needs, was found to be in possession of a bottle of tequila while on campus.  After a Manifestation Determination Review Committee determined that... Read More

Claims barred by statute of limitations absent tolling exception.

Judge Miller

December 2, 2014

Petitioner, a parent of a special needs child, did not request a due process hearing under the Individuals with Disabilities Education Act (“IDEA”) within two years of the date she... Read More

Due Process Complaint dismissed for failure to include a proposed resolution.

Judge Kennedy

October 28, 2014

Petitioner’s Due Process Complaint against a school system was dismissed without prejudice because Petitioner failed to adhere to the Individuals with Disabilities Education Act (IDEA) requirement that such complaints include... Read More

School district’s proposed extended school year education plan comported with requirements of IDEA.

Judge Woodard

October 10, 2014

Respondent school district proposed that Petitioner, a child with special needs, receive extended school year (ESY) programming at the rate of 4.5 hours per day, three days per week, and... Read More

Failure to comply with court order resulted in case dismissal.

Judge Kennedy

September 30, 2014

Petitioner’s willful failure to comply with the Court’s Order directing the student to attend three transition periods to assist in his transition back into the least restrictive environment resulted in... Read More

School District proved its school is the appropriate setting for a child taking immunosuppressive medication.

Judge Schroer

September 10, 2014

Petitioner, a severely disabled eleven-year-old on immunosuppressive medication, argued that attending public school would be hazardous to his health because of his compromised immune system.  However, the School District demonstrated... Read More

School district ordered to reimburse the cost of behavior evaluations.

Judge Baxter

June 3, 2014

A school district’s Functional Behavioral Assessment (FBA) was deemed inappropriate because the data collection did not provide reliable conclusions as to the functions of the Petitioner’s serious and problematic behaviors.... Read More