Virginia Department of Education
Division
of Special Education and Student Services
Office of Dispute
Resolution and Administrative Services
HEARING OFFICER DECISIONS
July 1, 2002 to June 30, 2003
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|
Case Number |
Reference Number |
Issues |
| 1 |
02-078 |
Whether school division
provided FAPE? Whether school division provided education in LRE? Whether school division provided transportation? Whether the student’s rights under Section 504 were violated? |
| 2 |
02-090 |
Whether school division
should reimburse parents for the cost of private placement? |
| 3 |
02-024 |
Whether school division
should reimburse for hospital placement of student? Whether certain claims are time barred? |
| 4 |
02-104 |
Whether student was
improperly given a long-term suspension without benefit of student’s
rights under IDEA? |
| 5 |
02-086 |
Whether student’s
behavior was a manifestation of student’s disability? |
| 6 |
02-077 |
Whether school division
provided FAPE? Whether school division violated procedures? |
| 7 |
02-076 |
Whether student was
properly deemed ineligible for special education and related
services? |
| 8 |
02-089 |
Whether school division
provided FAPE? |
| 9 |
02-081 |
Whether school division
provided FAPE? |
| 10 |
02-092 |
Whether student’s
current IEP provided FAPE? Whether home-based setting provided LRE? Whether school division violated IDEA procedures? Who had the burden of proof? |
| 11 |
02-080 |
Whether school division
provided FAPE? |
| 12 |
02-065 |
Whether notice was given
to parents relative to manifestation determination meeting? Whether school division’s finding that student’s conduct was not a manifestation of his or her disability was correct? Whether student’s current IEP was appropriate? Whether school division violated Section 504 relative to disciplining student? Whether school division provided FAPE? |
| 13 |
02-095 |
Whether parents provided
school division with adequate notice prior to unilateral placement
of student in private school? Whether school division’s finding that student’s conduct was not a manifestation of his or her disability was correct? Whether school division offered FAPE? Whether parents established, via evidence, that school division failed to provide FAPE? |
| 14 |
02-117 |
Whether student’s
current IEP was appropriate? Whether parents’ unilateral placement of student was appropriate? |
| 15 |
03-016 |
Whether school division
should reimburse parents for ABA therapy services? Whether school division's IEP provided FAPE? |
| 16 |
03-011 |
Whether student was
eligible for special education and related services? Whether Child Find procedures were properly and timely carried out? Whether student was a child with a disability? Whether school division provided FAPE? Whether school division properly placed student in homebound instruction status? Whether school division provided all homebound services to which student was entitled? |
| 17 | 02-099 | Whether school division's
IEPs provided FAPE? Whether parent should be reimbursed for privately obtained IEE? |
| 18 | 02-116 | Whether hearing officer
was timely appointed? Which party had the burden of proof? Whether school division's IEPs provided FAPE? Whether failure to include teacher at IEP meeting was a denial of FAPE? Whether parent's unilateral private placement of child was appropriate? Whether parent's should be reimbursed for tuition for private placement? |
| 19 | 02-105 | Whether school division
properly determined that student's conduct was not a manifestation
of student's disability? |
| 20 | 02-109 | Whether school division
held a timely annual IEP review? Whether school division failed to timely institute due process? Whether student was denied FAPE because the annual IEP meeting was not timely reconvened? |
| 21 | 02-058 | Whether SEA properly
implemented the complaint resolution procedures? |
| 22 | 02-108 | Whether school division
violated the procedural requirements of IDEA, thereby denying FAPE? When was the student eligible to receive special education and related services? Whether school division's IEP provided FAPE?Whether § 504 of the Rehabilitation Act was violated? Whether student was entitled to compensatory education? Whether this due process case was moot if the student moved to another school division? |
| 23 | 02-044 | Whether student's
placement should be changed from a private day school to residential
placement? |
| 24 | 02-101 | Whether school division's
proposed placement was the least restrictive environment? Whether parent's unilateral placement was the least restrictive environment? Whether parents should be reimbursed for unilateral placement? Which party had the burden to prove the appropriate placement of the student? |
| 25 | 00-111 | Whether student met the
burden of proving by a preponderance of the evidence that the school
division did not comply with the IEP (junior year)? Whether school division failed to properly implement the IEP (senior year), thus denying FAPE? Whether a hearing officer had subject matter jurisdiction to change a student's grades? |
| 26 | 03-018 | Whether student was
entitled to residential placement? Whether parents provided proper notice to LEA of withdrawal of student before unilateral private placement? |
| 27 | 03-029 | Whether school division's
IEP provided FAPE? |
| 28 | 03-031 | Whether student was
entitled to residential placement? |
| 29 | 03-014 & 03-015 | Whether student was
eligible for special education services? Whether school division's IEP provided FAPE? Whether parents should be reimbursed for unilateral private placement? |
| 30 | 03-019 | Whether parents are
entitled to reimbursement for placing child in a reading program? |
| 31 | 03-023 | Whether school division's
proposed IEP and proposed placement provided FAPE? Whether parents should be reimbursed for unilateral private placement? |
| 32 | 03-039 | Whether parents were
entitled to reimbursement for IEEs? |
| 33 | 03-040 | Whether school division's
IEP provided FAPE? Whether aide was adequately trained to provide ABA therapy services? Whether compensatory ABA therapy services were appropriate? |
| 34 | 03-062 | Whether school division's
IEP provided FAPE? Whether ESY services were required to provide FAPE? Whether unilateral private placement by the parents was appropriate? Whether parents were entitled to reimbursement for educational expenses? Whether school division discriminated against the child thereby violating § 504 of the Rehabilitation Act? |
| 35 | 03-063 | Whether filing a Child In
Need of Supervision (CHINS) Petition with a court of law is a
disciplinary action that requires an expedited due process
proceeding? Whether filing a CHINS petition is considered a change in placement? Whether a hearing officer has the authority to compel a school division to withdraw a CHINS petition? |
| 36 | 03-071 | Whether it is dangerous
for the student to remain in the current placement? Whether manifestation determination was procedurally flawed? Whether school division's proposed placement at a regional school is the least restrictive environment and whether it provided FAPE? |
| 37 | 03-073 | Whether school division's
IEP provided FAPE? Whether parents are entitled to private placement? |
| 38 | 03-045 | Whether parents were
afforded the opportunity to participate in the IEP process? Whether IEP included the required components? Whether school division must provide the student with an augmentive communication device? Whether a hearing officer can award attorney's fees? Whether school division's IEP provided FAPE? Whether school division must provide the best possible education? |
| 39 | 03-057 | Whether school division's
IEP failed to provide FAPE because it did not include a specific
reading program? Whether parents should be reimbursed for unilateral private placement? |
| 40 | 03-079 | Whether ESY services were
required to provide FAPE? |
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