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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.

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.

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

Topic: Special Education, Decided by Judge Miller 
Docket Number: 1600119 , Decision Date: 2016-01-05 
Attachment: Click here to download the decision. 
Attachment: Click here to download the decision on appeal. 

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 school district’s staff improperly relied upon the results of invalid functional behavioral assessments, failed to [..] Read More..

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