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Student v. PALM SPRINGS UNIFIED SCHOOL DISTRICT

What constitute as a major discrepancy between the services required by the child’s IEP and the services offered by the District? A major discrepancy between the services required by the child’s IEP and the services offered by the District is denial of FAPE.

Student v. LOS ANGELES UNIFIED SCHOOL DISTRICT

Failure to assess student for eligibility under the category of emotional disturbance is not denial of FAPE unless student has a condition exhibiting one or more of the characteristics provided under 34 C.F.R. § 300.8(c)(4); Cal. Code Regs., tit. 5, § 3030, subd. (b)(4) over a long period of time, and to a marked degree, that adversely affects a child’s educational performance.

Student v. GATEWAY COLLEGE AND CAREER ACADEMY

Student is not entitled to receive IEP services comparable to his/her last implemented IEP where Student does not transfer from one public school to another within the same state during the same academic year or between school years.

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