The District Met Its Child-Find Obligations
Student v. San Antonio ISD, Dkt. No. 047-SE-1014 (Hearing Officer Ann Vevier Lockwood, May 15, 2015).
Facts: The student had a history of some behavioral concerns and problems at home, but otherwise made good grades. While the student did not meet state testing standards, more than half of the student’s class also did not meet state standards. After a behavioral incident at school, the student served some time in the District’s disciplinary alternative education placement (DAEP). Following this incident a referral was made for special education testing to determine if the student qualified with a specific learning disability or an emotional disturbance. An FIE conducted by the District, however, found that the student did not meet eligibility criteria under either category. The parent later requested a due process hearing challenging the District’s determination.
Ruling: The hearing officer concluded that the District had no reason to suspect a disability until the behavioral incident that led to the student’s placement in the DAEP. The District appropriately evaluated the student following parental request for special education evaluation and the FIE was appropriate. The student’s ARD made the correct decision that the student did not meet eligibility criteria for a learning disability or an emotional disturbance. According to the hearing officer, the student’s depressive characteristics and anxiety were related to a conduct disorder and social maladjustment in response to family issues and did not rise to sufficient levels of clinical significance. While the student exhibited some academic deficits, the student’s academic performance was commensurate with the student’s cognitive and intellectual abilities and the student made academic progress. The record showed that, during the pendency of the due process hearing, after the student experienced a series of additional traumatic events, the District appropriately reevaluated the student and properly determined that the student met the severity criteria for an emotional disturbance.
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