VDOE Due Process and Complaints, Hearing Officer Decisions, 2001-2002 fiscal year

Virginia Department of Education
Division of Special Education and Student Services
Office of Dispute Resolution and Administrative Services

HEARING OFFICER DECISIONS

July 1, 2001 to June 30, 2002

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Case Number	Reference Number	Issues
1	02-001	Whether student’s placement was appropriate?
2	02-004	Whether division failed to provide FAPE? Whether the division is obligated to pay for student’s private residential placement?
3a	02-005a	Whether proper safety measures in place to handle emergencies regarding student? Whether appropriate classroom and extra-curricular accommodations made for student? Whether student was receiving appropriate transportation services per IEP?
3b	02-005b	Whether student had adequate access to school facilities?
4	02-021	Whether specific placement necessary per IEP? Whether social worker report is correct and whether it affects placement? Whether the student was receiving appropriate transportation per IEP?
5	02-019	Whether division failed to properly notify parents of test results? Whether the division failed to implement student’s IEP? Whether student’s IEP was appropriate? Whether parents should be reimbursed for private funds used for student?
6	02-018	Whether student’s IEP should set forth specific Honors Program?
7	02-033	Whether student should be placed in residential placement although parents have not consented to implementation of IEP?
8	02-043	Whether student's special education classification was appropriate? Whether IEP revision was required? Whether present performance level of student was correct? Whether the school division provided FAPE? Whether proper safety measures in place to protect child from harm? Whether parents received proper notice of changes in student's placement?
9	02-042	Whether school division should pay for education center evaluation? Whether attending living center necessary to provide FAPE? Whether school staff was adequately qualified? Whether school division properly implemented IEP? Whether school division provided FAPE? Whether proper tools in place to adequately notify parents of student's progress? Whether medical doctor's report prompted need to revise IEP?
10	02-020	Whether student is eligible to receive FAPE from special school?
11	02-045	Whether school division's proposed IEP omitting environmental accommodation was reasonably calculated to provide FAPE? Whether school division adequately involved parents in developing IEP? Whether IEP was defective because of omission of student's environmental sensitivities?
12	02-040	Whether division failed to provide FAPE?
13	02-061	Whether division failed to provide FAPE? Whether an evaluation of student was needed? Whether the student needed special education services for the calendar year?
14	02-067	Whether student was improperly labeled and subsequently improperly placed? Whether student suffered from mental anguish as a result of placement? Whether the student had been discriminated against?
15	02-074	Whether division failed to provide FAPE? Whether conduct of student was a direct result of disability? Whether removal from the LEA was proper? Whether specific facility placement constituted a change in placement that mandated a new IEP?
16	02-013	Whether division failed to provide FAPE? Whether the student’s disability affected performance? Whether fight a student was involved in was a direct result of disability? Whether student’s IEP was defective because it lacked a functional behavioral assessment (FBA)? Whether parents should be reimbursed for private placement of student?
17	02-048	Whether a $ 1,000.00 cap for IEE reimbursement was reasonable? Whether school should pay for two IEEs previously performed on student? Whether the school should fund additional IEEs performed on student?
18	02-041	Whether LEA was provided appropriate notice of student’s removal from school? Whether parents indicated specific concerns about the student’s IEP prior to removal? Whether a specific IEP addressed all areas of suspected disability? Whether the school division considered parents expert evaluations? Whether specific school was an appropriate placement for student?
19	02-073	Whether proposed IEP appropriate? Whether school placement of student appropriate? Whether $ 200.00 reimbursement for educational consultant should be provided parents?
20	02-072	Whether LEA’s proposed placement of student was appropriate? Whether parents should be reimbursed for private school placement of student?
21	02-091	Whether division failed to provide FAPE when denying sensory integrated based OT or in the alternative general OT?
22	02-100	Whether student should receive compensatory services for school year 2000-2001? Whether school provided enough hours for ESY services?
23	02-070	Whether LEA failed to implement IEP? Whether student is entitled to compensatory services? Whether LEA failed to follow material due process procedural requirements? Whether LEA can provide an adequate IEP and related services?
24	02-051	Whether proposed IEP was appropriate? Whether LEA’s defense of laches is applicable? Whether LEA is required to perform medical procedure on student? Whether LEA is liable for costs of private placement of student?
25	01-035	Whether division failed to provide FAPE?
26	01-057	Whether division failed to provide FAPE? Whether there were procedural defects in the IEP/Eligibility Process?
27	01-082	Which party had the burden of proof? Whether division failed to provide FAPE? Whether the absence of individual psychotherapy in the IEP rendered the IEP defective?
28	01-105	Whether division failed to provide FAPE? Whether the student should return to regular classroom?
29	01-107	Whether division failed to provide FAPE? Whether the student should return to regular classroom? Whether informed consent was provided?
30	01-106	Whether division failed to provide FAPE? Whether the student should return to regular classroom? Whether informed consent was provided?
31	01-104	Whether division failed to provide FAPE? Whether the student should return to regular classroom?
32	01-087	Whether division failed to provide FAPE? Whether the student eligible for special education classroom?
33	01-120	Whether placement in special education classroom provided FAPE?
34	01-125a	Whether a decrease in IEP mandated services was appropriate?
35	01-126	Whether educational plan complied with LRE? Whether current placement was appropriate? Whether IEP was procedurally sufficient to provide benefit to student?
36	01-084	Whether student’s placement was appropriate?
37	01-130	Whether student’s placement, pursuant to disciplinary issue and IEP, was proper? Whether student was receiving appropriate special education services?
38	01-006	Whether parents are entitled to reimbursement for the cost of in-home educational services?

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