Hearing Officer Decisions 2024-2025

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July 1, 2024 to June 30, 2025

Whether LEA knew or suspected that the student had a disability. If so, whether RPS violated the student’s protections as set forth in 34 CFR 300.534.
Whether the student is entitled to home based and/or homebound services due to Individuals with Disabilities Education Act (IDEA) substantive and/or procedural violations that were allegedly committed by LEA.
Whether LEA violated child find laws by allegedly failing to timely evaluate the student for special education services.
Whether LEA violated child find laws by allegedly failing to determine special education eligibility for the student.
Whether the student should be privately placed to receive a free appropriate public education (FAPE) due to alleged LEA violations of 34 CFR 300.534 and child find laws.

Was the result of the December 4, 2024, MDR in error in its determination that
- Student’s behavior on December 2, 2024, was not a manifestation of his disability; and
- Student’s behavior on December 2, 2024, was not caused by a failure of the LEA to implement his IEP; and
- If so, what are the remedies?

Whether the Student's current placement is appropriate.
Is the Student's Individualized Education Program ("IEP") appropriate, to include whether the IEP contains adequate supports and training?
Does the Student's IEP allow him to receive a free, appropriate, public education?

Whether XPS provided the Student her IEP accommodation of adult support throughout the day, as described in her agreed upon Individualized Education Programs (IEPs) at Elementary School for the 2022-2023 school year; and
Whether XPS denied the Student a free appropriate public education (FAPE) during the 2022-2023 school year by not providing her the IEP accommodation of adult support throughout the day, thereby entitling her to compensatory education under the IDEA.

Whether XXPS failed to provide Student a FAPE during the 2022-2023, 2023-2024, and 2024-2025 School Years by failing to propose and implement an IEP addressing Student's Individual Needs and Circumstances.
Whether XXPS failed to identify Student's Language and Auditory Processing Challenges.
Whether XXPS pervasively Failed to Implement Accommodations for Student.
Whether XXPS failed to provide Student a FAPE during the 2022-2023, 2023-2024, and 2024-2025 School Years as evidenced by his lack of progress in Reading, Writing, Math, and Study Skills.
Whether XXPS' failure to provide Student a FAPE requires Compensatory Services and Reimbursement.

Whether the Student has been provided with an appropriate transition plan.
Whether graduation in the school year 2024-2025 on the standard diploma track is an appropriate goal.
Whether continued private residential placement is required in order to provide Student with a free, appropriate, public education (“FAPE”).
Whether the Student has been denied FAPE and is entitled to compensatory education services.

Whether the student’s current individualized education program (IEP) appropriately addresses the student’s unique and individualized needs, and/or all of the student’s disabilities.
Whether the student’s current IEP fails to provide measurable goals.
Whether XXPS committed the following procedural and/or substantive IDEA violation(s): assessing and/or evaluating the student without parental consent; evaluating the student using unlicensed personnel; failing to provide the student’s records to the parent within 45 days of request; and failing to provide the parent with regular and timely progress reports for the student, resulting in the denial of a free appropriate public education (FAPE).
Whether XXPS failed to appropriately implement the student’s current IEP, resulting in a failure to provide the student with a FAPE.
Whether the student should be privately placed at public expense due to XXPS’ alleged failures and inability to provide the student with a FAPE.

Whether LEA failed to provide the student with a free, appropriate, public education (FAPE) for school years 2023-2024 and 2024-2025 by failing to provide the student with an individualized education program (IEP) that appropriately addressed the student's unique and individualized needs.
Whether the parent's unilateral placement of the student at XXXX for school years 2023-2024 and 2024-2025 was appropriate. If so, whether the parent should be reimbursed by LEA for tuition, transportation, and related services associated with the placement.
Whether the student should be placed at XXXX at public expense to receive a FAPE for school year 2025-2026.

Did the LEA commit procedural errors regarding the drafting of the IEP process for the 2024-2025 school year and, if so, did such deny the Child FAPE? If so, what is the remedy?
Whether the proposed IEP for 2024-2025 provides the Child FAPE in general and specifically:
- Whether the LEA failed to provide FAPE to the Child by not effectuating a behavioral intervention plan "BIP".
- Whether the LEA failed to provide FAPE to the Child by not effectuating a functional behavioral assessment "FBA".
If the proposed IEP for the 2024-2025 school year does not provide FAPE, what is the remedy?
- Private day or residential school placement?
- Transportation?
- Interim placement?
- Compensatory Services?
- Eligibility for special education services under the category of Other Health Impairment (OHI)?