Abeyance

We have two state complaints that were put into abeyance due to a request for a due process hearing that contained the same issues. The petitioner had requested a withdrawal of the due process hearing one business day prior to the scheduled hearing due to

We have two state complaints that were put into abeyance due to a request for a due process hearing that contained the same issues. The petitioner had requested a withdrawal of the due process hearing one business day prior to the scheduled hearing due to allegations of bias against the petitioner by the tribunal. The tribunal denied the request and subsequently dismissed the due process case with prejudice due to the petitioner’s failure to comply with the orders of the tribunal.

A due process complaint, filed on March 12, 2020 and set for hearing on October 24, 2020, alleges a school district failed to conduct an initial evaluation following a parent’s request.  A state complaint filed this week by the same party involves a simil

A due process complaint, filed on March 12, 2020 and set for hearing on October 24, 2020, alleges a school district failed to conduct an initial evaluation following a parent’s request.  A state complaint filed this week by the same party involves a similar allegation following a second request for an evaluation by the parent, but this allegation is based on new facts that arose after the due process complaint was filed. An evaluation has not been completed following either request.

When a DPH is closed, is it the SEA’s responsibility to contact the parent to ensure all of their original complaint was resolved within the DPH  and to inquire if an AC needs to be reopened on any issue not decided during the hearing? Or is the parent’s

When a DPH is closed, is it the SEA’s responsibility to contact the parent to ensure all of their original complaint was resolved within the DPH  and to inquire if an AC needs to be reopened on any issue not decided during the hearing? Or is the parent’s responsibility to reach back out to the SEA if there are lingering issues not resolved by the DPH order?
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