In 2012, a Student was identified as as Other Health Impaired (OHI). He has auditory processing issues that impact language, Pervasive Development Disorder (PDD) Not Otherwise Specified (NOS) and Attention Deficit Hyperactive Disorder (ADHD). The Student was found eligible to receive a free and appropriate public education (FAPE) as defined in the Individuals with Disabilities Education Improvement Act (IDEA).
This Student attended Ben Bronz Academy in Connecticut from 2009-2010 and 2010-2011. The Student’s parents requested placement at Ben Bronz for the 2011-2012 school year. The student had not made fast progress at Ben Bronz, as it did not provide related services. Evaluations conducted on the Student suggested that he would benefit from Occupational Therapy (OT), Physical Therapy (PT), counseling and Speech. The Suffield Board of Education (The Board) requested consent for reevaluations to plan for 2011-2012, but the parents refused. The Board held a PPT to plan the Student’s 2011-2012 school year. The staff from the Academy was not invited to the PPT nor did anyone from the Board observe the Student in order to plan for the PPT. The Board needed updated assessments on related services to plan the IEP. In order to address his reading fluency, the Student’s 2011-2012 IEP called for the Student to utilize Cyberslate with the Wilson Reading Program. The Cyberslate program is an Academy program and is offered at the Board School. At this Board school, the Student would be placed in small classes (2 to 4 students) and receive related services.
The Hearing Officer determined that the Board’s 2011-2012 program was not appropriate to meet the Student’s educational needs. In the 2 years the Student had been at Ben Bronz, no one from the Board had observed the Student. The goals and objectives were based upon out of date information. An extended school year program (ESY) was not offered to assist with the transition back to the public school. Ben Bronz was not appropriate for the Student and did not provide the Student with FAPE in the least restrictive environment (LRE). The Board was ordered to convene a PPT to plan assessments and develop an IEP for the 2011-2012 school year, and to provide an ESY program at a minimum of 6 weeks, for hours a day, before the 2012-2013 school year began.
If you have a child with a disability and have questions about special education law, please contact Managing Partner Joseph Maya and the other experienced education attorneys at Maya Murphy, P.C. today at (203) 221-3100 or by email at JMaya@Mayalaw.com to schedule a free initial consultation.
This case was not handled by our firm. However, if you have any questions regarding this case, or any education matter, please contact Joseph Maya at 203-221-3100 or by email at JMaya@MayaLaw.com.