Manifestation determination review
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.
Failure to provide adequate specialized instructions and related services despite having complete information about Student’s needs is denial of FAPE.
As you can see many of the Districts’ Attorneys may being overstepping their role greatly in the IEP process especially …
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.
District is not required to provide student a FAPE during student’s private placement by parents.
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.
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.
Independent evaluation on public expense
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.
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