District Ordered to Reimburse Private Tuition for Student with an Emotional Disturbance
Student v. Dallas ISD, Dkt. No. 052-SE-1014 (Hearing Officer Lynn E. Rubinett, May 6, 2015).
Facts: The student had a history of significant learning deficits and an emotional breakdown resulting in a hospitalization. The student attended private schools, but sought reimbursement from the Dallas Independent School District for the costs of a private placement. The District completed an IEP for the student and after initially determining that the student had no educational need for special education services, ultimately determined the student eligible for special education and related services as a student with an emotional disturbance.
The IEP developed by the District contained two annual goals, one related to organizational skills and the other to self-regulating skills. The IEP contained academic accommodations and supports, as well as behavior support in the form of a cool down time/area and access to a designated trained adult to guide the student through calming procedures. The schedule of services was 150 minutes per week per core subject in a special education setting and 60 minutes per week of personal social development in a special education setting. The remainder of student’s time was in the general education environment with in-class support. As reflected on the student’s proposed IEP, the total number of minutes the student was to be in special education was 660, while spending 1440 minutes in general education. The student’s proposed IEP also specified continuation of psychological services to be provided by a school counselor. The ARD Committee ended in disagreement and the parents requested a due process hearing requesting the District’s funding of the student’s private placement.
Holding: The hearing officer concluded that the IEP offered by the District did not provide the student with a timely offer of FAPE. The IEP was based almost completely on the FIE conducted by the District without regard to outside assessments that provided for the student’s education full-time in a special education setting and other evaluation data concerning the student’s performance and needs. The District’s IEP failed to adequately address all areas of the student’s documented academic and emotional needs. According to the hearing officer, the IEP was not reasonably calculated to produce meaningful educational benefit to the student, as the weight of the evidence demonstrated that the student required continuity of placement in a small, highly structured environment with small class sizes and significant emotional support in order to obtain a FAPE.
The hearing officer concluded that the private placement was an appropriate placement for the student in light of the student’s fragile emotional condition and cognitive decline. Each evaluation of the student performed during the 2013-2014 school year, other than the District’s FIE, concluded that a general education public school campus was not equipped for a student with a mental illness as severe as the student’s. The hearing officer ordered the District to reimburse the student for the costs of the private placement.
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