This is being brought by student's attorney ad litem. ... Relationship to student: Attorney Ad Litem .... U.S. Mail or e
Request for Exceptional Student Education (ESE) Due Process
Directions: This form should be completed by individuals who wish to request a due process hearing. Please complete, sign, and submit one copy of this form to the Department District Director of ESE Services and submit another copy to the of Education. Please retain a copy for your records. Please print when filling out the form.
Requesting Party:
Parent/Guardian Parent Representative School District
[]
I5J [I
Is this a request for an expedited due process hearing related to discipline issues?
Yes
0
No
D
Comments:
;This is being brought by student's attorney ad litem.
3/27/2007
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Statement of Issues and Proposed Resolution
I, against
, the undersigned, do hereby file this request for a due process hearing County School District/local educational agency.
Please use the space below to write a description of the issue(s) of your complaint, including the related facts. You may attach an additional sheet of paper if more space if needed. See Attached.
Please use the space below to write a proposed resolution of the problem or issues. You may attach an additional sheet of paper if more space if needed. See Attached.
11/14/14 Date
3/27/2007
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Student Information:
Student's Name: Last:
First:
Middle Initial :
Date of Birth : Month: 07
Day: 12
Year: 2001
Student's Disability/Exceptionality: Autism Student's Grade: 7th Student's Address: Name of School the Student Is Attending:
Middle School
Additional Contact Information for Homeless Student:
Parent/Student Representative Information:
Name: Address: Telephone: Home:
Work:
Cell:
Relationship to student: Attorney Ad Litem
3/27/2007
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District Contact Information (To be completed if submitted by district personnel)
Name of School Representative and Title:
Mailing Address of School or Agency Central Office:
Telephone:
3/27/2007
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Issues violates IDEA because the conduct by which she was 1. Expulsion of expelled has a substantial relationship to her disability. See 20 USC §141S(k) (1) (I) a. was arrested for alleged aggravated assault, after running away from her group home. Her reaction to this specific stressor is directly caused by her numerous mental disabilities. b. underwent both a psychological and psychiatric examination in October 2014. The written reports are still being prepared, but the mental health practitioner has informed us that the diagnoses is adjustment disorder mixed with disturbance of emotions and conduct. behavioral and mental disabilities are directly related to the conduct in question. c. cannot be expelled for over 45 days due to conduct directly caused by her disabilities. See 20 USC §1415(k)(1)(1) 2. Expulsion of violates IDEA because her conduct in question was the direct result of the local educational agency's failure to address her evolving behavior issues. a. Although current exceptionality is identified as ASD, Dr. evaluation diagnoses leading to serious mental and behavioral issues, such as: withdrawal, out of touch with reality, unaware of others, hyperactivity, aggression, and conduct problems. Dr. report is evidence that the school board was on notice of these behavioral issues. See Attached b. In spite of escalating behavioral problems, it is not apparent that had an appropriate behavior plan in place that would have mitigated against the incident that led to her expulsion.
Timeline of Events 1. February 2014: was evaluated at Middle School, by school psychologist resulting in her current IEP. Her evaluation indicated diagnoses of ADHD, PTSD, and possible mood disorders, as well as some behaviors consistent with red of Autism Spectrum Disorder although she was never diagnosed as on the spectrum of Autism. In an Autism Spectrum Rating Scale assessment, grandmother, teachers as well as a selfevaluation showed clinically significant ratings in numerous areas. Additionally, stressed to Dr. about the severe anxiety and depression she was experiencing. 2. April2014: current IE P was implemented with a placement of Autism Spectrum Disorder. 1
3. July 2014: was removed from the paternal grandparents' home due to an allegation Prior to removal was attending Middle School. from her grandparents' home, moved among multiple 4. July 2014-0ctober 2014: At this time emergency shelters and group homes. At the start of the 2014-2015 school year, was attending Middle School. 5. October 13, 2014: While residing at returned to Middle School. At the time there were two available schools for was specifically chosen as the better school for because and Pace. it would allow her to interact with her older sister who also attends The later described an alleged violent outburst assistant principal, involving herself, and the school resource officer. received a time out for this conduct. 6. October 28, 2014: After a dispute with the staff, ran away enlisted the police to help find her. When then from the group home. police officer found her the incident that led to the aggravated assault charges occurred. 7. November 3, 2014: Dr. conducted a suitability assessment due to her discharge from Although outside the scope of a suitability stated his clinical opinion that her diagnoses are more assessment, Dr. "severe and volatile" then her diagnostic profile currently presented. 8. November 5, 2014: A manifestation meeting was held at Middle School behavior that led the staff to seek expulsion. The regarding parties present including the guardian ad litem volunteer, assistant principal, school counselor, teachers, program specialists, and attorney ad litem could not agree on whether the behavior was a manifestation of her disabilities. Over the objection of the attorney ad litem, the remaining parties voted that behavior was not a manifestation of her disability.
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Proposed Resolution must be reinstated under 20 USC §1415(k) because the blanket policy of removal after a felony arrest cannot apply where the conduct is directly related to the child's mental disabilities. must therefore be reinstated. and her representatives are requesting that be reinstated Middle School. is a child suffering from issues ranging from to attend mental disabilities to familial disruptions. Aside from the benefits of attending the same school as her sister, Middle School is the sole prospect of stability at this time. If given appropriate services from a correct IEP available to placement, would have a chance to thrive both socially and academically. Pursuantto Rule 6a-6.03312(3)(b)(c), "1. Conduct a functional behavioral assessment, unless the school district had conducted a functional behavioral assessment before the behavior that resulted in the change of placement occurred, and implement a behavioral intervention plan for the student; or 2. If a behavioral intervention plan already has been developed, review it, and modify it, as necessary, to address the behavior ..." must not be made to fail before ever given a chance to succeed. It is crucial that she receive a proper evaluation to determine correct placement for an IEP. The evaluation conducted by Dr. concedes the presence of multiple mental instabilities. These instabilities must be managed both during and after school. reinstatement and reevaluation would ensure that the school was utilizing the required resources to offer a free and appropriate public education.
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STATE OF DEPARTMENT OF EDUCATION
APPEAL NO.:
Petitioner,
VS.
CASE NO.: County School District, Respondent.
----------------------------~/ PETITIONER'S NOTICE OF DEMAND FOR INTERIM ALTERNATIVE EDUCATION PLACEMENT
Rule 6A-6.03312(g), requires an appropriate placement during pendency of expedited due process proceedings. Petitioner demands immediate implementation of this provision.
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished on County School District and via this I l\ day ofNovember, 2014 via U.S. Mail or email to U.S. Mail or email to the Clerk of Department of Education.
STATE OF DEPARTMENT OF EDUCATION
Petitioner, v.
COUNTY SCHOOL DISTRICT, Respondent.
----------------------------------~/ PETITIONER'S REQUEST FOR PRODUCTION OF DOCUMENTS
Petitioner, pursuant to Administrative Code Rule 65-2.042 County which references Rule of Civil Procedure 1.350, requests Respondent, School District, produce and permit Petitioner to copy and inspect documents in the possession of Respondent relating to the following subject matter within 30 days from the date of service: Definitions and Instructions
1. Throughout this request, "documents" shall mean anything including but not necessarily limited to: all written or printed papers or other materials that contain or convey information, including, without limitation, all letters, reports, memoranda, laboratory data, records of telephone or other conversations, intraoffice and interoffice communications, correspondence, handwritten or typewritten notes, diaries, records of every kind, sound recordings, transcripts, contracts, agreements, books, financial statements, books of account, journals, ledgers, invoices, indices, data processing cards, other data processing materials, data sheets, computer modeling input and output files, tapes, photographs, photostats, aerial maps, bulletins, circulars, notices, messages, tabulations, economic or statistical studies, instructions, requests, calendars, desk pads, appointment books, scrapbooks, notebooks, specifications, drawings, diagrams, sketches, and writings of every kind or character, including preliminary drafts and other copies of the foregoing, however produced or reproduced. "Document" also includes information stored by a computer, whether stored on a hard disk, " disk, CD ROM, portable media device, or in any other fashion or manner. 2. If you claim any documents requested herein are protected by any privilege or the work product doctrine, you are hereby requested to provide the undersigned with a privilege log Rule of Civil Procedure 1.280(b)(5). meeting the requirements of
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DOCUMENTS REQUESTED 1. Any and all documents relied on by Respondent in evaluating Petitioner for discipline. 2. Any and all electronic or written correspondence within County School District regarding Petitioner's disciplinary history. 3. All exhibits and documents that Respondent intends to file in the upcoming hearing. 4. All of Respondent's policies relied on by Respondent that address student discipline under IDEA. 5. All documents Respondent relied on at, or in preparation of the Manifestation meeting held November 5, 2014. 6. The Curriculum Vitae or resume of all expert and non-expert witnesses whom Respondent expects to call at the hearing. 7. The names and summary of proposed testimony of all witnesses who Respondent expects to
call.
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished on this 14 day of November, 2014 via U.S. Mail or email to County School District and via U.S. Mail or email to the Clerk of Department of Education.
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