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.

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.

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.