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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..

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

Topic: Special Education, Decided by Judge Kennedy 
Docket Number: 1511371 , Decision Date: 2014-10-28 
Attachment: Click here to download the decision. 

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 “a proposed resolution of the problem to the extent known and available to the complaining [..] Read More..

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

Topic: Special Education, Decided by Judge Woodard 
Docket Number: 1454724 , Decision Date: 2014-10-10 
Attachment: Click here to download the decision. 

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 assigned a different lead teacher than was assigned to Petitioner during the regular school year. [..] Read More..

Failure to comply with court order resulted in case dismissal.

Topic: Special Education, Decided by Judge Kennedy 
Docket Number: ***** , Decision Date: 2014-09-30 
Attachment: Click here to download the decision. 

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 dismissal of Petitioner’s Due Process Complaint.

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

Topic: Special Education, Decided by Judge Schroer 
Docket Number: 1450305 , Decision Date: 2014-09-10 
Attachment: Click here to download the decision. 

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 that the school where Petitioner would attend had a small student population and a highly-trained [..] Read More..

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