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Meeting the needs of people with disabilities, their families, educators & service providers

Posts Tagged ‘Anxiety disorder’

Failure to conduct proper FBA and develop a BIP preclude school district from recommending more restrictive placement

Thursday, July 4th, 2013

Doe v. Regional School Unit No. 21, 60 IDELR 228 (D. Me. 2012):  A federal district court upheld an impartial hearing officer’s determination that a school district’s recommendation to place a student with ADHD, anxiety disorder, low average cognitive ability, global developmental delay, mixed expressive and receptive language disorder, phonological disorder, and fine and gross motor delays, in a more restrictive environment without first conducting a proper functional behavioral assessment (FBA) and developing an appropriate behavior intervention plan (BIP).

The school district believed the student, whose behavior significantly interfered with his learning as well as that of others, needed a more restrictive setting, but the student’s parent insisted on a mainstream setting.  To address the student’s behaviors, a special education teacher and school psychologist discussed a behavioral plan, but no formal FBA was conducted and the informal behavioral plan was never shared with the IEP team.  The hearing officer (IHO) deemed this improper, and ordered the school to conduct a full FBA by a board certified behavioral analyst and develop a BIP.  The IHO also envisioned that, after the BIP had been implemented enough to provide sufficient data, if the student failed to make adequate behavioral progress, only then could the school appropriately recommend a more restrictive setting.

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Hearing officer improperly extended IDEA eligibility as a compensatory measure to a student who was awarded a regular high school diploma

Friday, April 1st, 2011

Dracut School Committee v. Bureau of Special Education Appeals, 55 IDELR 66 (D. Mass. 2010):  A student, diagnosed with Asperger’s Syndrome, Attention Deficit Hyperactivity Disorder (ADHD), Bipolar Disorder, and an anxiety disorder, was denied a FAPE when the school district failed to provide him with proper transition goals and services.  The Hearing Officer awarded the student compensatory services for the denial of FAPE and awarded the student a high school diploma.  However, having awarded the student a diploma, the Court ruled that the Hearing Officer improperly also extended the student’s IDEA eligibility for two years after graduation.  Nonetheless, the Court remanded the case back to the hearing officer to determine the appropriate level of compensatory services needed in the areas of employment and independent living.

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Student’s high academic performance supports ineligibility determination

Friday, December 17th, 2010

Maus v. Wappingers Central School District, 54 IDELR 10 (S.D.N.Y. 2010):  The court affirmed the decision of the State Review Officer (who had overturned the hearing officer’s decision favoring the student) that a student, diagnosed with ADHD, dysgraphia, generalized anxiety disorder, Asperger’s syndrome, pervasive developmental disorder, and a moderate language-based learning disability, was ineligible for services under the IDEA due to her high academic performance.  The court rejected the parents’ argument that the student had significant social and emotional problems, and that such problems should be considered in determining “adverse effect on educational performance.” Following recent unpublished opinions from the United States Court of Appeals for the Second Circuit, as well as other decisions from federal courts in New York State, the court reasoned that because the student’s conditions had not adversely impacted her academic performance, the student did not qualify for services under the IDEA.  The court also noted that no court applying New York’s implementing regulations has ever held that a student who excelled academically nonetheless has a right to IDEA services.

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