Court reverses ALJ and finds child with ADHD eligible for special education

M.P. v. Santa Monica,(WL 2783194 for those with Westlaw): This case addresses a common theme--whether a child’s less than able performance results from ADHD or a lack of motivation. There is an excellent analysis of expert testimony, credited by the Court in contravention of the ALJ’s determination. This is a hidden gem of a case and one which I will likely write in more detail about at a later point.

Responsibility for implementation of the IEP

Oftentimes, school personnel are oblivious to the specifics in a child’s IEP. Sometimes, school personnel are not even aware that a child has an IEP. This is an unacceptable practice. New York State regulations require that “the chairperson of the committee on special education designates for each student one, or as appropriate, more than one professional employee of the school district with knowledge of the student’s disability and education program to, prior to the implementation of the IEP, inform each regular education teacher, special education teacher, related service provider, other service provider, supplementary school personnel, as defined in section 200.1(hh) of this Part, and other provider and support staff person of his or her responsibility to implement the recommendations on a student’s IEP, including the responsibility to provide specific accommodations, program modifications, supports and/or services for the student in accordance with the IEP”(8 NYCRR §200.2(b)(11)(iii); see also $200.4(e)(3)).

EXTENDED SCHOOL YEAR PROGRAMS AND SERVICES in New York State

See here for state ed Q and A document on extended school year(i.e. summer) programs.

Failure to include transition plan for child in residential placement renders district program inappropriate

The district knew that this autistic child had difficulty with major transition plans, yet it merely promised to develop a plan if the parents agreed to the district placement. In A.Y. v. Cumberland Valley School District(2008 WL 2704626, M.D.Pa. 2008), the court said that that was not enough. “When a school district knows that a child requires a transition plan to return to that district from a private school placement and that school district does not include a transition plan in the IEP, the IEP is not appropriate.”

New York State Home Schooling Update: IMPORTANT

State Ed. issued this advisory today.

Pursuant to Chapter 217 of the Laws of 2008, which was signed into law
by the Governor on July 8, 2008, students with disabilities who are in
home instruction programs pursuant to section 100.10 of the Regulations
of the Commissioner of Education are eligible to receive special
education services from their public school districts.

School districts should notify all parents of students with disabilities
who are in home instruction programs pursuant to section 100.10 of the
Regulations of the Commissioner of Education that, if the parent is
seeking special education services to be provided to their child by the
public school district, the parent must submit a written request for
such services to the school district where they reside by August 7 of
this year (which is 30 days after this new law takes effect).

Further guidance on Chapter 217 will be issued next week.