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Student v. Aransas Pass ISD, Dkt. No. 145-SE-0115 (Hearing Officer Lucius Bunton March 2, 2015).

Facts:  The student previously had been eligible for special education services and had been diagnosed with a psychotic disorder, Asperger’s disorder, and anxiety disorder.  A prior due process hearing, however, resulted in a finding that the student was not eligible for special education services.  The student had performed successfully academically, despite some behavioral difficulties.  Shortly after the first due process hearing, the student was placed in a disciplinary placement for unacceptable social behavior and disruptions.  The parent requested another due process hearing, arguing that the district failed to determine the student eligible for special education services.

Holding:   The hearing officer determined that the student was not eligible for special education services due to the student’s behavioral concerns.  The parent had asked for additional evaluations and another ARD Committee meeting, but the district declined.  The record showed that the student had been making educational progress in the disciplinary placement and did not demonstrate a need for special education.

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