Student with Severe Emotional and Behavioral Concerns Was Provided FAPE

Student v. Dallas ISD, Dkt. No. 117-SE-1214 (Hearing Officer Tommy L. Broyles, March 31, 2015).

Facts:  The student qualified for special education as a student with an emotional disturbance.  The student had a history of severe behavioral and emotional needs.  The student’s academic achievement levels were in the high-average to average range.  The student was given a behavior intervention plan (BIP) and was placed in a general education classroom with inclusion support.  After a serious behavioral incident, the student’s Admission, Review, and Dismissal (ARD) Committee convened and additional strategies were added to the student’s BIP.  At the student’s annual review, the ARD Committee recommended a change of placement in a Behavior Adjustment Class (BAC) and the parents agreed.

The student’s behavioral problems, however, increased over the course of the following school year, which included verbal and physical aggression toward peers, teachers, staff and service providers.  The student was removed from the BAC in order to protect the student and classmates.  The District implemented a crisis management plan and escorted the student wherever the student needed to go.  The student continued to exhibit uncontrollable, violent and unpredictable outbursts.  The student’s behavior in the classroom was at times traumatic for other students, disrupted the classroom environment, and significantly impaired the education of other students.  The parent requested a due process hearing, complaining that the District did not identify the student with learning disabilities, failed to provide notice of an ARD meeting, and did not provide the student an educational program reasonably calculated to confer an educational benefit.  The parent sought an independent educational evaluation (IEE) at District expense.  The District countered that its assessments were appropriate and that the parent was not entitled to an IEE.

Ruling: According to the hearing officer, the student did not qualify for special education services as a student with learning disabilities.  Instead, the student’s behavior negatively impacted academic progress and assessments confirmed the student’s eligibility under the emotional disturbance classification.  The hearing officer also held that the student was educated in the least restrictive environment (LRE).  Despite the parent’s disagreement, it was necessary for the student to be removed from the BAC and placed in a Stabilization Class in order to allow other students to learn.  The student’s classroom behavior was volatile, explosive, and unpredictable and learning ceased for other students in the classroom during the student’s outbursts and the main goal was to keep everyone safe.  The student’s actions disrupted the class and caused other students emotional distress.  The parent often downplayed the student’s behavior and impeded the District’s ability to assess the student and plan appropriate behavioral programming.  Changes in the student’s placement were made only when necessary and appropriate because the student’s behavioral needs required a more restrictive environment.  The hearing officer ruled in favor of the District on each of the issues raised by the parent and also held that the District was not required to provide an IEE.

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