VDOE Due Process and Complaints, Hearing Officer Decisions, 2004-2005 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, 2004 to June 30, 2005

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Case Number	Reference Number	Issues
1	04-108	Whether the individualized educational program (IEP) contained a placement that was appropriate to provide a free appropriate public education (FAPE) in the least restrictive environment? Whether school division must reimburse parents for expenses incurred in connection with a private placement?
2	04-122	Whether the extended school year (ESY) programming contained a placement and services that were appropriate to provide a free appropriate public education (FAPE)?
3	04-114	Whether student was eligible to receive special education and related services under the IDEA? Whether student was eligible to receive services and protection under Section 504 of the Rehabilitation Act of 1973?
4	04-113	Whether a hearing officer may review a school superintendent's decision to expel a student for selling drugs? Whether the student was provided with a free appropriate public education (FAPE) during expulsion?
5	04-102	Whether the school division complied with the child find provisions of the IDEA? Whether the student was eligible to receive special education and related services under the IDEA? Whether the school division violated the parents' IDEA procedural rights by delaying their request for a due process hearing?
6	05-001	The terms of the settlement agreement, which resolved the issue of extended school year (ESY) programming, was incorporated into the decision. Whether the rights accorded to the parents under IDEA transferred to the student upon attaining the age of majority?
7	04-096	Whether the student was eligible for services under the IDEA and Section 504 of the Rehabilitation Act of 1973?
8	04-126	Whether the school division denied the student a free appropriate public education (FAPE) by failing to fully implement the 2002-03 individualized education program (IEP)? Whether the 2003-04 IEP contained a placement and services that provided FAPE? Whether the proposed 2004-05 IEP contained a placement and services that provided FAPE? Whether the school division must reimburse the parents for expenses incurred in connection with a private placement?
9	04-099	Whether the burden of proof should be assigned to the party attempting to change the status quo? Whether the school division provided the parent with adequate notice of eligibility and individualized education program (IEP) meetings? Whether the student's IEP team should have included a regular education teacher? Whether the eligibility determination was proper? Whether the student's placement in a self-contained classroom was proper? Whether the student remained eligible for special education and related services?
10	05-004	Whether the individualized education program (IEP) contained services that were appropriate to provide a free appropriate public education (FAPE)? Whether the student required a residential placement rather than a private day placement in order to receive FAPE? Whether extended school year (ESY) programming was provided in accordance with the IEP?
11	05-005	Whether the individualized education program (IEP) contained a placement that was appropriate to provide a free appropriate public education (FAPE) in the least restrictive environment? Whether the IEP contained services that were appropriate to provide FAPE?
12	05-018	Whether the school division committed procedural violations during the development of the student's individualized education programs (IEPs)? Whether the school division failed to properly implement the student's 2003-04 IEP? Whether the school division failed to provide the student appropriate extended school year (ESY) programming? Whether the 2004-05 IEP contained a placement that was appropriate to provide a free appropriate public education (FAPE) in the least restrictive environment? Whether school division must reimburse parents for expenses incurred in connection with a private placement?
13	05-011	Whether the individualized education program (IEP) contained a placement that was appropriate to provide a free appropriate public education (FAPE) in the least restrictive environment? Whether a noncompliance finding by the Virginia Department of Education in a state complaint was incorrect?
14	05-031	Whether the school division properly demonstrated that the child's behavior in sexually harassing two students was not a manifestation of the child's disability? Whether the student's alternative educational placement was appropriate? Whether the individualized education program (IEP) contained an appropriate placement, modifications, and accommodations?
15	05-025	Whether the individualized education program (IEP) contained a placement that was appropriate to provide a free appropriate public education (FAPE)? Whether the student required a private placement because of the bullying and teasing he was experiencing in the public school placement?
16	05-032	Whether the student was properly evaluated and determined eligible for special education and related services due to a developmental delay? Whether an independent educational evaluation (IEE) should be ordered? Whether the school division provided the parents with proper notice of individualized education program (IEP) and eligibility meetings? Whether the IEP was properly implemented?
17	05-037	Whether the school division demonstrated that the student's behavior, bringing alcohol to school, was not a manifestation of the student's disability? Whether the school division committed procedural violations during the development of the student's individualized education programs (IEPs)? Whether the IEP was properly implemented?
18	05-039	Whether the school division denied the student a free appropriate public education (FAPE) by not allowing an amendment to the student's individualized education program (IEP) to provide for a specific accommodation?
19	04-117	Whether the offered individualized education programs (IEPs) for the student provided for a free appropriate public education (FAPE) when specific amounts of one-to-one instruction were not provided? Whether the parent should be reimbursed for private placement in a Lindamood-Bell program with related services?
20	05-033	Whether the school division failed to properly identify the student as having the disability of autism? Whether the school division provided the student with a free appropriate public education (FAPE) when considering the student's behavioral issues?
21	05-047	Whether an Independent Hearing Officer may proceed to a due process hearing when there is no actual dispute between the parent and the school division? Whether an Independent Hearing Officer may conduct a due process hearing on a claim for damages from the school division on behalf of the student?
22	05-030	Whether the school division's proposed individualized education plan (IEP) offered a free appropriate public education (FAPE) so that the parent would not receive reimbursement for a private placement initiated by the parent?
23	05-051	Whether notice of a long-term suspension was provided to the student and his parents? Whether the local educational agency (LEA) considered all relevant and material information regarding the student, including information supplied by the parent? Whether the individualized education plan (IEP) team included necessary persons? Whether the behavioral intervention plan (BIP) of October 8, 2004 was properly implemented by the local educational agency (LEA)? Whether the student's disability impaired the student's ability to control the behavior subject to the disciplinary action?
24	05-040	Whether the local educational agency (LEA) must reimburse the parent for the costs of an independent educational examination (IEE)? Whether the parent is entitled to reimbursement for certain special education services obtained by the parent prior to the eventual finding of eligibility for services?
25	05-052	Whether the current due process proceeding is barred by a final decision in a prior due process proceeding covering the provision of a free appropriate public education (FAPE) and related services for the same time period? Whether a parent may obtain an independent Functional Behavioral Assessment (FBA) as part of the independent educational evaluation (IEE) process?
26	05-015	Whether the school division offered the student a free appropriate public education (FAPE) that was reasonably designed to provide educational benefit for the student? Whether the parent was entitled to reimbursement for a unilateral private placement of the student? Whether the student is eligible for retroactive access to Virginia's Comprehensive Services Act funds when a current individualized educational plan (IEP) does not support the placement? Whether the student has been discriminated against by the school division because of a delay in establishing a certain placement thereby warranting relief under Section 504?
27	05-038	Whether the school division provided a free appropriate public education (FAPE) to the student without the constant presence of a Russian speaking dedicated aide?
28	05-044	Whether a student can switch from a modified standard diploma to a standard diploma program without an individualized education program (IEP) team determination?
29	05-045	Whether student was denied a free appropriate public education (FAPE) in the least restrictive environment (LRE) by placement in a MR-Adaptive classroom rather than a MR-Academic classroom? Whether the parent provided effective consent to a change in placement? Whether the placement of the student complied with his current individualized education program (IEP)?
30	04-111	Whether the school division offered the student a free appropriate public education (FAPE) without certain supplemental services? Whether the parent is entitled to reimbursement for certain private placements when the school division offered placement in an appropriate public school setting?
31	05-053	Whether a parent's request for a due process hearing under Section 504 of the Rehabilitation Act of 1973 is time barred for events that occurred more than one year prior to the request?
32	05-067	Whether an Independent Hearing Officer has jurisdiction to adjudicate special education issues in a due process hearing when the student is enrolled in another school division?
33	05-064	Whether the school division is required to provide extended school year (ESY) services to a student who does not exhibit regression when substitute services are provided by the parent during academic breaks?
34	05-079	Whether the student was entitled to IDEA protections because the school division knew or should have known that the student was a child with a disability because of certain email messages that the student's parent sent to the student's teachers and the student's lack of academic progress? Whether there was discrimination against the student in violation of Section 504 of the Rehabilitation Act when the student was suspended and transferred to another school building? Whether the school division violated its child find responsibilities by failing to conduct an earlier evaluation of the student?
35	05-068	Whether a proposed placement of an emotionally disturbed student in a particular self-contained program in conformity with the student's individualized education program (IEP) provides the student with a free appropriate public education (FAPE)?
36	05-026	Was the manifestation determination review decision warranted in light of student's emotional disturbance (ED) disability? Did the student's individualized education program (IEP) which included a Behavioral Intervention Plan (BIP) provide a free appropriate public education (FAPE) to the student? Did procedural errors committed by the local educational agency (LEA) deny the student a free appropriate public education (FAPE)?
37	05-096	Whether the behavior, which caused the student to be disciplined, was a manifestation of the student's disability? Whether the student was offered an appropriate interim alternative placement?
38	05-095	Whether or not the refusal of the student's parents to grant consent for the school division to conduct an evaluation of their child for purposes of determining his eligibility for special education services should be overridden?

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