D.K. Ex Rel. Stephen K. v. Abington School District

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “the failure to employ a functional behavioral assessment . . . is [not] per se indicative of an inappropriate evaluation”
• holding that there was no violation of child find obligations where the school district consistently monitored, documented, and responded to child’s individual needs
• holding that where claims are discovered over two years before the date the due process claim was filed, “claims are limited to” violations within “the two-year time period” before filing the due process complaint
• holding that a failure to prove an IDEA violation necessarily results in a failure to prove a Section 504 violation unless the parties present evidence of disability-based discrimination or failure to provide reasonable accommodations
• noting that parents’ dissatisfaction with the extent of testing did not mean it was not compliant with Child Find procedural obligations
• noting that the court “must accept the state agency’s credibility determinations unless the non-testimonial, extrinsic evidence in the record would justify a contrary conclusion”

Source: CourtListener parenthetical corpus (CC0).