Analyzing Due Process Decisions

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Student’s name Professor’s name Course Date Analyzing Due Process Decisions The Individuals with Disabilities Education Improvement Act of 2004 mandates the school districts to offer them free appropriate public education (FAPE) to students who have disabilities in the least restrictive environment (LRE). The process is complex and many times issues and conflicts may arise due to different opinions from the parties involved. When disagreements occur, different methods of dispute resolution can be used to resolve the conflict. Essentially, the formal procedures that are used to resolve disputes in special education are mediation, resolution and due process hearings (Blackwell and V. Blackwell 1). In April 2016, Yuma Union High School District, a petitioner, filed a due process complaint at the office of administrative hearings. The action was to affirm the school’s decision to transfer a student to Vista Alternative High School from San Luis High School after a disciplinary action. The respondents to this case were the student by and through the parents. The student was receiving special education and services under the eligibility category of Other Health Impairment and Emotional Disability from the petitioner school district. The school argued that since his freshman year at San Luis High School, the student’s behavior issues has been escalating over time, and he was becoming a threat to other students and teachers. The behavior issues that were exhibited by the students included fighting, bullying, harassment, assault, sexual harassment, insubordination and use of inappropriate language. The school claimed that the move to transfer the student was

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