Special Education

Parents unsuccessful in seeking relief under IDEA, FERPA, Open Records Act, Mandatory Reporter statute

Judge Beaudrot

January 3, 2023

Following a four-day evidentiary hearing, the Court dismissed all claims for relief brought by a student and his parents under the Individual with Disabilities Education Act (IDEA).  In particular, the... Read More

Court lacks jurisdiction over alleged violations of IDEA settlement agreement’s confidentiality clause

Judge Woodard

November 29, 2022

In granting a school district’s motion for summary determination, the Court held that a student and his parent cannot seek relief from this tribunal for an alleged violation of a... Read More

Student and parent fall short of proving Child Find, FAPE violations in IDEA case   

Judge Beaudrot

September 28, 2022

This complaint brought under the Individuals with Disabilities Education Act (IDEA) concerns a 10th-grade student with diagnoses of ADHD, depression, and oppositional defiant disorder.  The Court ultimately rejected all claims... Read More

Despite district’s delay with assessment, student was not entitled to additional compensatory services

Judge Boggs

September 22, 2022

The mother of a 6-year-old child with autism brought a complaint against the child’s school district under the Individuals with Disabilities Education Act (IDEA).  Among her multiple claims, the mother... Read More

No relief warranted under IDEA in light of parents’ unreasonable behavior  

Judge Beaudrot

August 15, 2022

This case involved a complaint brought under the Individuals with Disabilities Education Act (IDEA) by parents of a special education student who has a visual impairment and learns at a... Read More

District ordered to pay for student’s comprehensive re-evaluation following years-long delay  

Judge Schroer

August 15, 2022

In this matter, the parent of a 16-year-old special education student alleged the school district failed to evaluate her child over a nine-year period.  The Court concluded that, while delays... Read More

Student with autism did not receive FAPE during COVID-related virtual learning  

Judge Schroer

August 8, 2022

In this case brought under the Individuals with Disabilities Education Act (IDEA), the Court concluded that for a period of about seven months, the school district failed to develop an... Read More

Parent’s limited observations of autism class were insufficient to prove IDEA placement violation  

Judge Schroer

July 25, 2022

This case involved a challenge brought under the Individuals with Disabilities Education Act (IDEA) by the parent of a child with autism.  The parent alleged the autism classroom proposed for... Read More

Parents failed to prove district denied child FAPE, could not be reimbursed for private evaluation   

Judge Barnes

June 1, 2022

This case, brought under the Individuals with Disabilities Education Act (IDEA), concerned a teenage student who received special education services for autism and speech language impairment.  In denying the father's... Read More

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

Judge Barnes

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