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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..

Federal court upholds OSAH judge’s decision that a school district’s evaluation did not fulfill IDEA requirements.

Topic: Special Education, Decided by Judge Baxter 
Docket Number: 1419673 , Decision Date: 2014-06-03 
Attachment: Click here to download the decision. 
Attachment: Click here to download the decision on appeal. 

Parents of a special needs child obtained an independent functional assessment after they determined that the school district’s evaluation was inappropriate.  After the parents sought reimbursement for the evaluation, the school district appealed, arguing that its assessment was appropriate.  Judge Baxter granted the parents’ request [..] Read More..

Parent not entitled to independent educational evaluation at public expense.

Topic: Special Education, Decided by Judge Kennedy 
Docket Number: ***** , Decision Date: 2015-06-08 
Attachment: Click here to download the decision. 

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 at public expense.  However, the parent was not entitled to a second publicly-funded evaluation because [..] Read More..

Claims barred by statute of limitations absent tolling exception.

Topic: Special Education, Decided by Judge Miller 
Docket Number: ***** , Decision Date: 2014-12-02 
Attachment: Click here to download the decision. 

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 knew of the alleged action that formed the basis of her complaint, and did not [..] Read More..

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

Topic: Special Education, Decided by Judge Kennedy 
Docket Number: ***** , Decision Date: 2015-02-11 
Attachment: Click here to download the decision. 

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 his conduct was unrelated to his disability, Petitioner was suspended for the remainder of the [..] Read More..

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