In the Matter of the Education of Student and Central Curry School District Case No. DP 11-127

Diane Wiscarson

Case Conclusion Date:October 24, 2012

Practice Area:Education

Outcome:An Administrative Law Judge (ALJ) found the district denied the student a free appropriate public education (FAPE).

Description:After a disastrous attempt to learn at a district school, the student began receiving his education in a district funded private program run by a Board Certified Behavior Analyst (BCBA) as part of a settlement agreement with the district. As the agreement expired the parents and the district began discussing a new Individualized Education Program (IEP). Despite having minimal experience with the student, the district ignored the recommendations of the parents and their experts, drafting an IEP that lacked supports necessary for the student to receive educational benefit. Further, the district predetermined that the student would be attending a district classroom and it would no longer fund or consider the successful private program. The ALJ found the district denied the student a FAPE by offering a placement that would not provide access to any educational benefit and predetermining that offer. The ALJ ordered the district to reimburse the parents for the actual costs of maintaining the private program until the district offered a FAPE.

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