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

HEARING OFFICER DECISIONS

July 1, 2009 to June 30, 2010

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Case Number

Reference Number

Issues

1

09-063

Whether the school division provided the student's parents access to educational records in compliance with 34 C.F.R. § 300.613?

Whether the school division unreasonably delayed in filing a request for due process following receipt of a request for an Independent Educational Evaluation (IEE) in violation of 34 C.F.R. § 300.502(b)(2)?

Whether the parents' mere disagreement with evaluation results entitles a parent to an IEE at public expense even though the school division timely initiates a due process proceeding?

Whether the evaluation of the student completed by the school division was "appropriate"?

2

09-064

Whether the school division provided the student's parents access to educational records in compliance with 34 C.F.R. § 300.613?

Whether the school division unreasonably delayed in filing a request for due process following receipt of a request for an Independent Educational Evaluation (IEE) in violation of 34 C.F.R. § 300.502(b)(2)?

Whether the parents' mere disagreement with evaluation results entitles a parent to an IEE at public expense even though the school division timely initiates a due process proceeding?

Whether the evaluation of the student completed by the school division was "appropriate"?

3

09-068

Whether the Individualized Education Program (IEP) utilized by the school division for the student for the 2007-2008 school year and the 2008-2009 school year were reasonably calculated to enable the student to receive educational benefits under the Individuals with Disabilities Education Act (IDEA)?

Whether any failure in implementation of the IEPs for the 2007-2008 school year and the 2008-2009 school year by the school division was so substantial as to deny the student a free appropriate public education (FAPE)?

Whether the IEP proposed by the school division for the 2009-2010 school year was reasonably calculated to enable the student to receive educational benefits under the IDEA?

Whether the IEPs for extended school year programs for the summers of 2007 and 2008 were reasonably calculated to enable the student to receive educational benefits under the IDEA?

4

09-073

Whether the March 2009, individualized education program (IEP) offered the student a free appropriate public education (FAPE) when dedicated one-on-one services were not included in the IEP by the IEP team?

Whether the student has been sufficiently evaluated so the IEP team that created the March 2009 IEP could ascertain the necessary services to ensure the student was offered a FAPE?

5

09-076

Whether the school division failed to comply with the child find requirements of the Individuals with Disabilities Education Act (IDEA) when it screened the student?

Whether the student was eligible for services as a disabled student under the provisions of IDEA when the alleged medical condition did not adversely affect the student's educational performance?

Whether the student's parent was denied the opportunity to meaningfully participate in meetings to determine the student's eligibility for special education services?

Whether the parent established that the school division engaged in bad faith or gross misjudgment in any failure to provide a free appropriate public education (FAPE) to the student under Section 504 of the Rehabilitation Act of 1973?

6

09-080

Whether the Individualized Education Program (IEP) offered by the school division for the 2009-2010 school year offered sufficient services to provide a free appropriate public education (FAPE) to the student?

Whether the IEP offered by the school division for the 2009-2010 school year offered services in the least restrictive environment (LRE) for the student?

Whether the IEP offered by the school division for the 2009-2010 school year offered adequate transportation services for the student to access a FAPE?




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