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.
Application of an impermissibly narrow view of student’s disability which is highly inconsistent with his/her history makes the manifestation determination review inappropriate.
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.
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.
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.
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