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Compliance

FY 1997-98 23 hearing decisions

 

1.  St. Louis City School District 

issue: Student eligibility. School District initiated due process hearing to override lack

of consent to identification/placement.

decision: In favor of school district on issue of eligibility. However, initial placement of

self-contained offered found not appropriate. Resource Placement offered.

timeline: Within 45 days.

2.  Moberly School District

issue: Transportation sought as a related service for student living within one mile of 

school.

decision: In favor of school district.

timeline: Extended properly. Approximately four months.

3.  Special School District of St. Louis County/Parkway C-2 School District

issue: a. Least restrictive environment - parent objected to change to self-contained.

Specific training for staff sought.

Hands-on methodology/positive behavior support sought.

Teacher assistant notation elimination.

decision: In favor of school districts.

timeline: Extended properly. Approximately two months.

4.  Springfield R-XII School District 

issue: IEP appropriateness of services. Parents objected to "reverse mainstream" class

for early childhood special education seeking a home-based program.

decision: In favor of school district

timeline: Extended properly. Approximately nine months.

5.  Kansas City 33 School District

issue: a. IEP appropriateness/reduction of services alleged.

b. Independent evaluation/failure of school district to respond to request.

decision: a. In favor of school district

In favor of parent; independent evaluation ordered.

timeline: Extended properly. Approximately three months.

6.  Buchanan County R-IV School District

issue: Least restrictive environment - parent seeking change of placement from SSSH to

LEA.

decision: In favor of district; but student’s integration activities should increase in the

future working towards placement full time at LEA.

timeline: Extended properly. Approximately five months.

7.  St. Louis City School District 2

issue: Placement - Parent seeking private placement.

decision: Dismissed case. Issue moot due to school district’s agreement to private

placement.

timeline: Extended properly. Approximately three months.

8.  Special School District of St. Louis County 1

issue: Transportation to and from day care outside of district boundaries.

decision: In favor of parent.

timeline: Timeline not extended properly. Approximately seven months.

9.  Appleton City R-II School District

issue: Evaluation, identification, and placement - reimbursement sought for private

parochial school unilateral placement.

decision: Dismissed case. Parent had signed document declining district’s offer of

evaluation, etc. Parent can now exercise right to evaluation and move forward.

timeline: Extended properly. Approximately five months.

10.  Rolla 31 School District

issue: Section 504 allegations.

decision: Dismissed case. No IDEA claims involved; thus, no jurisdiction.

timeline: Extended properly. Approximately three months.

11.  St. Louis City School District 3

issue: School District initiated due process to override parent lack of consent for

provision of services and finding of eligibility.

decision: In favor of school district. Student is eligible for special education services, and

services are to be provided.

timeline: Extended properly. Approximately two months.

12.  Kingston K-14 School District

issue: 1. Placement.

Related Services.

Staff qualifications (FAPE).

Discipline/Behavior Management.

Parent Participation in IEP meetings.

Consideration of Independent Evaluation.

Participation in extracurricular activities.

decision: 1. In favor of parent.

In favor of parent.

In favor of school district.

In favor of parent.

In favor of parent.

In favor of district.

No specific Findings.

timeline: Extended properly. Approximately 11 months.

13.  Charleston School District

issue: Eligibility - district found ineligible.

decision: In favor of school district.

timeline: Extended properly. Approximately seven months.

14.  St. Louis City School District 4

issue: Expedited due process hearing to challenge 45-day alternative educational

placement for possession of a dangerous weapon.

decision: In favor of school district.

timeline: 35 days.

15.  Francis Howell R-III School District

issue: Eligibility-district found no reason to suspect disability and thus no reason to

evaluate.

decision: In favor of school district.

timeline: Extended properly. Approximately 18 months.

16.  Central R-III School District

issue: Discipline - student received less than ten days suspension cumulatively. Parent

indicated unfair punishment.

decision: Dismissed case. No IDEA issue raised.

timeline: Extended properly. Approximately two months.

17.  Springfield R-XII School District 2

issue: IEP - Appropriate services. Parents had rejected offer of homebound services

during injunction period.

decision: In favor of school district.

timeline: Extended properly. Approximately 4 months.

18.  Perry County 32 School District

issue: Placement - Reimbursement for unilateral private placement sought.

decision: In favor of parent.

timeline: Extended properly. Approximately 10 months.

19.  Springfield R-XII School District 3

issue: a. Placement - Parent request for either self-contained placement or one-on-one

aide in the regular classroom.

Independent educational evaluation reimbursement sought.

FAPE - whether the IEP offers FAPE.

decision: In favor of school district on all issues.

timeline: Extended properly. Approximately seven months.

20.  Columbia 93 School District

issue: FAPE - parents seeking intensive programming/services based on Applied

Behavior Analysis/Discrete Trial Training methodology of student with autism.

decision: In favor of school district on general issue of FAPE with finding against district

on issue of failing to revise IEP to add 10 hours per week of one-on-one training

to reflect school district’s offer of FAPE.

timeline: Extended properly. Approximately seven months.

21.  Camdenton R-III School District

issue: a. FAPE - parents seeking reimbursement for private summer placement and

tuition for placement in another school district.

evaluation - parents seeking reimbursement for outside evaluation.

procedural violations.

decision: a. In favor of school district except to the extent that partial funding of

interim placement pending reevaluation.

In favor of parent.

In favor of parent to the extent inservice is ordered.

timeline: Extended properly, Approximately 9 months.

22.  Special School District of St. Louis County 2

issue: Placement - parents seeking reimbursement for private placement.

decision: In favor of parent in that panel found district did not prove FAPE had been

provided; however, no specific reimbursement ordered because parent did not

provide evidence of amount spent.

timeline: Extended properly. Approximately 13 months.

23.  Special School District of St. Louis County 3

issue: a. FAPE, LRE, appropriate teacher training and appropriate notice of change in

placement for 1994-95 school year.

FAPE, LRE, appropriate teacher training, for 1995-96 school year.

FAPE, LRE, appropriate teacher training, for 1996-97 school year.

FAPE, LRE, teacher training, for 1997-98 school year.

decision: a. In favor of school district.

In favor of school district.

In favor of school district.

In favor of school district.

timeline: Extended properly. Case initiated prior to the due process system put in place on 

August 28, 1996. Case began in November of 1995. Decision approximately 33 months later.