ERIC ED444298: Colorado Special Education Administrative Decisions, 1996-1997: Impartial Hearing Officers Decisions, State Level Review Decisions, Federal Complaints Officer Decisions.

666 Pages·1997·10 MB·English

by  ERIC

DOCUMENT RESUME
EC 307 987
ED 444 298
Colorado Special Education Administrative Decisions,
TITLE
1996-1997: Impartial Hearing Officers Decisions, State Level
Review Decisions, Federal Complaints Officer Decisions.
Colorado State Dept. of Education, Denver.
INSTITUTION
1997-00-00
PUB DATE
664p.; "Federal IDEA, Part B funds are financing 100 percent
NOTE
of the cost of this publication."
Coloi.ado Department of Education, State Office Building, 201
AVAILABLE FROM
E. Colfax Ave., Denver, CO 80203.
Legal/Legislative/Regulatory Materials (090)
PUB TYPE
MF03/PC27 Plus Postage.
EDRS PRICE
*Administrative Policy; *Conflict Resolution; Court
DESCRIPTORS
Litigation; *Disabilities; Elementary Secondary Education;
*Federal State Relationship; Hearings; Legal Responsibility;
*Special Education; State Regulation; Student Rights
*Colorado; *Individuals with Disabilities Educ Act Amend
IDENTIFIERS
1997
ABSTRACT
This document is a compendium of Colorado special education
administrative decisions issued in 1996 and 1997, including decisions of
impartial hearing officers (IHOs), state level reviews, and federal
complaints officers. An index is provided which lists the decisions by key
topics. The full text of each decision is preceded by a case summary that
includes a listing of key topics, a statement of the issues, and the
decision. Decisions are presented in approximately chronological order, and
different color tabs identify decisions of due process hearings, state level
reviews, and federal complaints. The issues addressed by the decisions
include the following: compensatory services, confidentiality, eligibility,
evaluation, extended school year, extra curricular activities, free
appropriate public education, home-based education/home-schooling, individual
education plan (IEP) development and implementation, jurisdiction of the IHO
decision, least restrictive environment, manifestation determination,
modifications/accommodations, paraprofessional support, related services,
safe environment, school of choice, Section 504, special education referral,
statute of limitations, stay-put provision, suspension/expulsion, transition,
and transportation.
(DB)
Reproductions supplied by EDRS are the best that can be made
from the original document.
COLORADO
SPECIAL EDUCATION
DMINISTRATIVE DECISIONS
Impartial Hearing Officers Decisions
00
State Level Review Decisions
0--
co
Federal Complaints Officer Decisions
. U.S. DEPARTMENT OF EDUCATION
NATIONAL INSTITUTE OF EDUCATION
EDUCATIONAL RESOURCES INFORMATION
CENTER (ERIC)
elhis document has been reproduced as
received from the person or organization
originating it.
Minor changes have been made to improve
I)
reproduction quality.
Points of view or opinions stated in this docu-
ment do not necessarily represent official NIE
position or policy.
.1
\...._
COLORADO SPECIAL EDUCATION
ADMINISTRATIVE DECISIONS
1996
1997
William Randall
Commissioner of Education (February 1988
- August 1997)
State of Colorado
William J. Moloney
Commissioner of Education (September 1997 to Present)
State of Colorado
Myron Swize
Interim Director
Special Education Services Unit
Carol Amon
Federal Complaints Officer
COLORADO STATE BOARD OF EDUCATION
John Evans
Patricia M. Hayes, Chairman
Member-at-Large, Parker
6th Congressional District, Aurora
Thomas M. Howerton, Vice Chairman
Gully Stanford
5th Congressional District, Colorado Springs
1st Congressional District, Denver
Clair Orr
Patti Johnson
2nd Congressional District, Broomfield
4th Congressional District, Kersey
Pat M. Chlouber
3rd Congressional District, Leadville
Federal IDEA, Part B funds are financing 100 percent of the cost of this publication.
cde
COLORADO DEPARTMENT OF EDUCATION
STATE OFFICE BUILDING
201 E. COLFAX AVENUE
DENVER, COLORADO 80203
3
Education Administrative Decisions
1996-97 Colorado Special
Introduction
Purpose
Administrative Decisions contains all Impartial Hearing
This binder of the Colorado Special Education
Federal Complaints Officer Decisions issued in
Officer Decisions, State Level Review Decisions, and
Directors, Impartial Hearing
This binder is a resource tool for Special Education
1996 and 1997.
assuring the provision of a free appropriate public
Officers, Advocates, Attorneys, and others involved in
Materials will be updated on a periodic basis by the
education to children with disabilities in Colorado.
Department of Education.
Special Education Services Unit of the Colorado
Summaries and Index
which includes a listing of key topics, a
The full text of each decision is preceded by a case summary
by
Additionally, an index is provided which lists the decisions
statement of the issues, and the decision.
key topics.
Tab and Case Number Layout
filing of
order (based on the date a request for due process, or
The decisions are presented in numerical
within the Department).
a federal complaint, is received
Due Process Hearings
with a red tab and designated with a case
Impartial Hearing Officer decisions are all preceded
of request and a number starting with "101" that
number beginning with "L", followed by the year
received by the Colorado Department of
designates the chronological order in which the request was
"L96:101". However, there may not be an Impartial
Education within a particular year, for example
filed with the Department (i.e., if the parties
Hearing Officer decision in this binder for every case
and a decision was not issued).
reached an agreement or the case was dismissed
State Level Review
These decisions are appellate
with a blue tab.
State Level Review decisions are all preceded
Judge in cases where a party filed an appeal on an
decisions rendered by an Administrative Law
Therefore, State Level Review decisions contain the same
Impartial Hearing Officer's decision.
to
preceded it, but they are designated with an "S" prior
number as the original due process case that
Review
Impartial Hearing Officer Decisions, State Level
the case number, for example "S96:101".
file together.
Decisions and any supplementary decisions on the same case are
Federal Complaints
preceded with gray tabs and designated with a case
Federal Complaints Officer decisions are all
filed with the Department and the a chronological
number that begins with the year in which it was
federal
"96:501". There may not be a decision for every
number beginning with "501", for example
reached an agreement).
complaint filed with the Department (i.e., if the parties
and guidance by
contained in these volumes be used for information
It is intended that the materials
materials do not
administration of special education programs. The
those involved in the provision and
positions of the Colorado Department of Education.
necessarily reflect the current administrative
Special Education
reflects the Commissioner, the State
The cover sheet preceding this Introduction
1997.
State Board Members present in 1996 and
Director, the Federal Complaints Officer, and
Special Education Administrative Decisions
1996-97
Index of Cases by Issue
Federal Complaint
State Level Review
Due Process
Issue
1997 cases
1996 cases
1997 cases
1996 cases 1997 cases
1996 cases
97:502
96:512
S97:137
L97:137
Compensatory Services
96:516
L97:109
L96:112
Confidentiality
97:505
96:520
S96:107
L96:107
Eligibility
L96:120
97:505
96:509
S96:107
L96:107
Evaluation
97:508
96:520
S96:115
L96:110(a)
L96:115
97:512
96:501
S96:115
L96:110(a)
Extended School Year
96:515
L96:115
(ESY)
97:507
Extra Curricular
Activities
97:502
96:501
S97:125
L97:109 S96:115
L96:110(a)
Free Appropriate Public
97:503
96:502
S97:137
L97:118 S96:118
L96:115
Education (FAPE)
97:504
96:504
L97:125
L96:120
97:506
96:505
L97:129
97:508
96:507
L97:133
97:510
96:508
L97:134
97:513
96:509
L97:137
97:514
96:512
97:515
96:515
97:516
96:516
97:517
96:517
96:519
1
Federal Complaint
Due Process
State Level Review
Issue
1997 cases
1996 cases
1996 cases
1997 cases
1997 cases
1996 cases
96:519 97:507
Goals and Objectives
97:518
L96:112
S96:118
Home-Based Education/
Home-Schooling
97:502
96:505
L96:110(a) S97:125
L97:109 S96:115
Individual Education
97:506
96:507
S97:137
L96:110(b)
L97:125
Plan (IEP) / IEP
97:507
96:508
L96:112 L97:129
Implementation
97:509
96:509
L96:115
L97:133
97:510
96:512
L97:134
97:511
96:515
L97:137
97:512
96:516
97:513
96:519
97:514
97:515
97:516
97:518
97:519
S96:118
Jurisdiction of the IHO /
S96:121
Decision of the IHO
S97:125
L96:110(a) L97:118
Least Restrictive
L96:112
L97:125
Environment (LRE)
97:511
96:514
L96:107
S96:107
Manifestation
Determination
97:502
96:504
L96:112
Modifications /
97:506
96:507
Accommodations
97:507
96:508
97:513
96:515
97:504
96:517
Paraprofessional
97:516
Support
2
Due Process
Issue
Federal Complaint
State Level Review
1996 cases
1997 cases
1997 cases
1996 cases
1996 cases 1997 cases
L96:115
Placement
96:514
L97:109 S97:125
97:519
S96:115
L96:120
L97:118
L97:125
L97:129
Preschool
97:520
96:501
97:521
L96:120
Procedural Safeguards
L97:109
96:514
97:501
97:505
96:515
97:511
Progress Reports
L97:133
L97:134
Provision of Services
97:502
L96:110(b)
96:504
97:503
96:505
97:506
96:509
96:512 97:509
97:515
96:515
97:517
96:519
L96:112
Record Access
Regular Education
96:508
Teacher Involvement
L96:115
Reimbursement
L97:125 S97:125
S96:115
L96:120
L97:129
S96:121
L96:121
3
Due Process
Issue
State Level Review
Federal Complaint
1996 cases
1997 cases
1997 cases
1996 cases
1997 cases
1996 cases
L96:112
Related Services
97:502
S96:118
96:501
97:506
96:505
96:507 97:515
97:517
96:509
96:512
96:515
96:516
96:519
L96:110(a)
Safe Environment
S96:118
97:512
School of Choice
96:502
L96:120
96:520
Section 504
L96:120
Special Education
Referral
Statute of Limitations
S96:121
Stay-Put Provision
L97:109
L97:133
Suspension / Expulsion
L96:107
96:514
S96:107 97:511
L97:134
97:504
L96:110(b)
Transition
96:515
97:514
97:515
97:515
Transportation
96:501
97:520
97:521
4
8
Case No.:
L95:112
Status:
Impartial Hearing Officer Decision
Key Topics:
Free Appropriate Public Education (FAPE)
Unilateral Placement
Due Process Rights
Individual Education Plan (IEP)
Extended School Year (ESY)
Issues:
Whether or not the district provided the child a FAPE.
Should the district reimburse the parents for tuition for unilateral placement?
Did the district fail to properly advise the parents of their due
process rights?
Did the district fail to properly prepare the child's IEP?
Did the district evaluate the child for ESY services?
Decision:
The district has failed to provide her with a FAPE pursuant to IDEA.
Denver Academy was an appropriate placement for the student.
Failure of district to provide FAPE entitles parents to
some reimbursement for Denver
Academy tuition.
The district failed to properly advise parents of their due
process rights each time the district
was required by IDEA to provide said rights to parents.
The district failed to properly prepare the student's IEPs in that
no measurable short and long
term goals and objectives were provided.
The district failed to evaluate the student for ESY services.
Discussion:
Parents not entitled to 100% reimbursement because services at Denver Academy
exceeds
services district was required to provide.
Retroactive reimbursement is entitled to the parents for all
summer tutoring programs.
IHO orders.
DEPARTMENT OF EDUCATION, SPECIAL EDUCATION
STATE OF COLORADO
I
JAN
Case No. L95: 112
DECISION
parents
L.M., by J. and D.M.,
vs.
ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J,
Respondent.
This case commenced with a request for a due process hearing
filed on June 5, 1995, by J.M. and D.M., parents of and on behalf
of their daughter, L.M., a school aged child.
The child will be referred to herein as 'L" or as "child:" the
parents will be referred to herein as
"parents," "Mother," or
and St. Vrain Valley School District RE-1J will be
"Father;"
referred to herein as the "district.'
The parents were represented by William R. Baesman, Esq.
The
district was represented by Susan Schermerhorn, Esq.
In their appeal, the parents alleged that the district had
failed to provide L with
a free appropriate public education
in that the district allegedly failed to
(hereinafter "FAPE"),
provide appropriate assessment of needs, appropriate IEPs, proper
advisement of due process rights, and an appropriate educational
At closing argument, the appeal was amended to add a
program.
claim of alleged failure of the district to properly consider
providing extended school year services.
Prior to their request for the hearing,
the parents had
unilaterally withdrawn L from public school and had placed her
unilaterally in Denver Academy,
a private school for disabled
students which is not accredited by the Colorado Department of
Education.
The child was attending Denver Academy throughout these
When L had attended the district's schools,
proceedings.
the
parents at their expense had supplemented her education with
private tutors and services from Slyvan Learning Center, a private
school.
Generally, the relief requested by parents is a determination
that the district failed to provide L with a FAPE since L first
enrolled as a student with the district, and reimbursement for all
educational services paid for by the parents.
They also requested
1