DISCLAIMER
This information is not legal advice or meant to give any guidance to your own particular circumstances. This information is provided for reference and teaching purposes only. Please do not apply these summaries to your legal concerns or challenges.
Services can only be offered after proper assessment and in case parents do not give consent to the assessment, District’s failure to offer services is not denial of FAPE.
Read More...Failure to communicate with parents in their native language and failure to provide reasons for denial of their request impedes their opportunity to participate in decision making. Hence, the same is denial of FAPE.
Read More...Application of an impermissibly narrow view of student’s disability which is highly inconsistent with his/her history makes the manifestation determination review inappropriate.
Read More...Where student is aware of the severity of his actions, lacks empathy, and continues to fantasize harming others, school may decide an appropriate interim alternative educational placement without parent’s consent.
Read More...A manifestation determination is not legally and procedurally compliant if it only lists assessment scores, statements of students and parents, IEP goals, etc. without providing any analysis of all this information and does not allow parents a meaningful participation.
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