School must prove a specific facility is appropriate for Student even if it is established that Student’s current placement is substantially likely to cause injury to Student and others.
Failure to evaluate student for a specific disability requested by parents is not denial of FAPE where the evaluation conducted by school results in framing of appropriate IEP goals to address student’s specific needs.
School may not implement student’s IEP without parental consent when IEP team fails to consider students’ current level of performance while deciding an appropriate placement.
Failure to conduct appropriate assessments despite having notice of student’s special needs and disabilities is denial of FAPE.
Failure to provide adequate supports and services during distance learning is denial of FAPE.
Exceptions to Statute of Limitation
Implementation of assessment plan without parental consent, lack of clarity in IEP offer.
Conducting IEP team meeting in absence of parent, failure to develop appropriate goals in IEP team meeting.
Failure to consider full continuum of placements, predetermination of placement and comparable offer of IEP.
Lack of appropriate assessments and offer of services.
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