STATE OF MAINE
SPECIAL EDUCATION DUE PROCESS HEARING
DECISION ON MOTION FOR JUDGMENT AS A MATTER OF LAW
October 24, 2000
Case # 00.220, Parent v. MSAD #72
REPRESENTING THE SCHOOL: Amy Tchao, Esq..
REPRESENTING THE FAMILY: Peter Rice, Esq.
HEARING OFFICER: Lynne A. Williams, J.D., Ph.D.
A partial hearing was held, pursuant to Title 20-A, MRSA, 7202 et. seq., and 20 USC §§1415 et. seq., and accompanying regulations. At the conclusion of the family’s case, the District moved for Judgment as a Matter of Law. Following a review of the documents submitted by both parties and the testimony heard during the family’s presentation, it was concluded that the family failed to meet its burden of showing a prima facie case of denial of a free appropriate public education (FAPE). Therefore, the District’s motion is granted.
I. Procedural History
This hearing was requested by the family on July 21, 2000. The case involves the student, whose date of birth is dob. She resides with her mother, in Lovell, Maine. The student is currently eligible for special education services under the category of Traumatic Brain Injury. She currently attends ninth grade at Fryeburg Academy, but during the period at issue in this hearing she attended the Molly Ockett Middle School, in Freyburg, Maine.
The parties met in a prehearing conference on September 15, 2000, at the Department of Human Services Building, Portland, Maine, to clarify the issues for hearing and to exchange documents and lists of witnesses. At that time, the District submitted a Motion of Dismissal, arguing that the issues in dispute were not special education issues, and therefore not appropriately heard at a due process hearing conducted under the Individuals with Disabilities Education Act.
A conference call was held on September 20, 2000, to hear arguments in favor of, and against, this motion. Present on the conference call were the hearing officer, and counsel for both parties, and the call was held on the record. At the conclusion of the arguments, and following a review of the documents submitted at the prehearing conference, the Motion for Dismissal was denied. In a September 21, 2000 memo denying the motion, it was stated:
“…[T]here could be facts in this case which, if proven, would provide a basis for showing a denial of a free, appropriate public education to student and consequently permitting a remedy under the IDEA. The issues to be addressed in this hearing will be narrow, specifically was there a denial of FAPE and, if so, what is the appropriate remedy?”
(Exhibit: H1-2)
It was further stated that the family must show that student had a serious fear of Mr. Randy Davison, a teacher at the Molly Ockett Middle School, that the District knew of this fear, that the District placed student in ongoing contact with this teacher despite knowledge of this fear, that such placement led to serious emotional consequences on student’s part, that consequently student was denied a free appropriate public education during the 1999-2000 school year, and compensatory educational services would be an appropriate remedy for this denial of a FAPE.
The hearing schedule was confined to one day for the family’s case, one day for the District’s case, and a partial or full day for rebuttal witnesses.
II. Document Production Request
During the September 20, 2000 conference call, the District presented a Document Production Request. After a consideration of the relevance of various documents, the family was ordered to produce specific neuropsychological and psychiatric documents from the period between July 1999 and June 2000. In the order it was stated that if the family was unable to produce the documents because they are not in the family’s possession, the family shall sign a release permitting counsel for the School District to request and receive the documents directly from the originators of the documents.
A second conference call was held on September 27, 2000, to clarify the time frame for the hearing, the parameters of the issues in dispute and the burden that the family would have to meet to make their case. An October 5, 2000 memo was distributed, summarizing the content of that conference call. In that memo it was stated
“What I would expect to be presented at the hearing is evidence sufficient for me to make a decision about whether student was denied FAPE during the 1999-2000 school year. In IDEA terms, the question is whether the District developed and implemented an IEP that was reasonably calculated to enable student to make educational progress. In this case, that question appears to turn on student’s placement during the fall of 1999, and whether that placement was appropriate, considering student’s emotional issues.”
(Exhibit: H-3)
III. Stipulations
The parties stipulated that the District committed no procedural violations during the period in question. This stipulation did not preclude the family from raising the issue of whether a PET meeting should have been held in fall 1999, upon dissolution of the temporary restraining order and prior to returning student to Mr. Davison’s class.
The family presented their case on October 17, 2000, at the West Bath District Court. The District entered 368 pages of documents into the record and the family entered 539 pages of documents and one videotape. Two witnesses testified.
At the conclusion of the family’s case, the District made a Motion for Judgment as a Matter of Law, and oral arguments were presented for, and against, this motion.
On October 18, 2000, the motion was granted through email communication to the parties.
IV. Preliminary Statement
This case involves a xx year-old female student, who is eligible for special education services under the category of Traumatic Brain Injury. Student currently attends ninth grade at Fryeburg Academy, but attended the Molly Ockett Middle School, in Fryeburg, during the 1998-1999 and 1999-2000 school years. Her IEP’s during the 1998-1999 and 1999-2000 school years describe a program that consisted of placement in a Resource Room, with partial, supported mainstreaming.
During spring of the 1998-1999 school year, student began exhibiting increasing behavioral difficulties, at home and at school, with such behaviors continuing into, and worsening, in fall 1999. In October 1999, student’s mother placed her in Bridgton Memorial Hospital. She was transferred to, and spent six weeks at, Spring Harbor, and then spent the balance of the school year in residence at Lakeview Neurorehabilitation Center in New Hampshire.
The family filed for this due process hearing, initially requesting compensatory education and compensatory damages. At the beginning of the hearing, this hearing officer stated that it was her opinion that hearing officers in Maine did not have authority to award compensatory damages under the IDEA and that the only remedy to be considered would be compensatory education.
V. Issues to be Decided by the Hearing
Did MSAD #72 fail to provide a free appropriate public education to student during the 1999-2000 school year?
VI. Findings of Fact
Student’s date of birth is dob and she is currently xx years old. (Due Process Request)
Student was adopted by the mother at the age of nine. According to the mother’s testimony, student suffered head injuries at the ages of three and five, at the hands of her natural mother. (Testimony: Mother)
Susan Holinger, MS, NCSP, evaluated student on March 31st and April 7th, 1997. Student’s scores on the WISC III were as follows: Verbal IQ, 88; Performance IQ, 82; Full Scale IQ, 84. The evaluator found significant scatter on the Performance subtests, which ranged from 3 on Coding to 10 on Picture Arrangement. She also found significant problems with short-term memory and attention, and weak motor skills, especially when copying symbols. The Bender Motor Gestalt Test showed visual-perceptual weaknesses and the Developmental Test of Visual Motor Integration produced a standard score of 67, at the first percentile, predicting a significant impact on writing. Ms. Holinger recommended that student be taught using a multi-sensory format, with classroom modifications such as preferential seating and individualized attention. (Exhibit: P442-445)
During the 1999-2000 school year, student was eligible for special education services under the category of Traumatic Brain Injury. Her placement was the Resource Room, with periods of mainstreaming, with special education support. Student’s IEP’s included math, written language and social-emotional goals. (Exhibits: P321-336)
During the period at issue, student was prescribed a number of psychotropic medications. At any given time, student was taking a combination which included between one and four of the following medications: Depakote, Buspar, Elese, Zoloft, Risperadol, Lithium, Benadryl, Ativan and Lorazapam. (Exhibits: P298, 306; Testimony: Mother)
Student also regularly met with Sylvia Pond, M.S.W. According to Ms. Pond’s reports, student remained uninvolved with therapy and might only have been in therapy because the state required therapy in order to continue medications. In addition, Ms. Pond’s reports suggest family dynamics may be impacting student’s emotional issues. (Exhibits: P303-304, 320, 355-359, 434; Testimony: Mother)
Around November 1998, student’s behavior at home, and at school, deteriorated. Although student had previously exhibited some behavior problems, she now became violent, hitting, kicking, screaming and breaking property. The mother attributed this deterioration to medical failure, and sought to have student’s medication protocol reviewed and changed. Student had previously experienced medication failures. (Exhibit: P319; Testimony: Mother)
In Spring 1999, student began telling Ms. Pond and the mother that she no longer wanted to attend school because she could not “stand being around” her teacher, Randy Davison. Although student was having interpersonal difficulties with the mother’s boyfriend, the mother reported to Ms. Pond that student was really upset with Mr. Davison, and was just taking it out on the boyfriend. However, in a number of her reports, Ms. Pond notes an inconsistency between reports of the student and the mother. (Exhibits: P318, 362; Testimony: Mother)
On April 7, 1999, the mother forwarded a memo to the PET, in which she requested that student be transferred to the Essential Life Skills class, stating “ No one can accuse me of not warning the School Department that they have a “potential loose cannon” on the premises.” (Exhibit: P344)
In an April 12, 1999 memo to the PET, the mother demanded immediate placement in the special education classroom and, in an apparent reference to Mr. Davison’s suggestion that student be placed in a Behavioral classroom, she states “Given a choice of putting her in with other handicapped children or into a school of rapists and car thieves, there is no choice. [Student] would learn bad behavior from bad children.” (Exhibit: P340)
During summer 1999, student’s behavior deteriorated further. Her doctor, Gerald Taylor, M.D., made some changes to her medication, but her anger and stress level continued to increase. She frequently lost control, becoming rigid and incoherent. On July 2, 1999, student was admitted to Maine Medical Center with a serious dystonic reaction. (Exhibit: P298, 305-307; Testimony: Mother)
During that summer, the mother decided to plan a 30-day hospitalization for student, so that her medications could be adjusted. She was put on a waiting list at Lakeview Neurorehabilitation Center, a location recommended by Dr. Taylor. (Exhibit: P305; Testimony: Mother)
On August 20, 1999, the mother told new principal Sonergan that “[student’s] team agrees she needs to be placed in the full special education classroom while waiting for Lakeview,” even though there was no evidence that the team had agreed to the necessity of this placement. (Exhibit: P306)
At a PET on September 8, 1999, the mother again requested that student be placed in the Essential Life Skills classroom, because she needed a non-stressful environment until she transferred to Lakeview. Although the mother presented a letter from Dr. Taylor, suggesting such a placement, there is no evidence that Dr. Taylor had any information about the student composition of the classroom or of the Essential Life Skills program itself. (Exhibit: P294; Testimony: Mother)
It was the determination of the PET, Mr. Davison included, that the life skills classroom was not an appropriate placement for student, given her academic ability, and student’s placement continued to be the Resource Room, with one on one support at times, and small group instruction at other times. Student’s IEP also included a Behavior Plan. (Exhibits :P289-293)
In the afternoon of September 8, 1999, student lost control at school and the mother had to remove her from school and bring her home. (Testimony: Mother)
On September 10, 1999, the mother wrote a letter to the school in which she stated that Mr. Davison had lied at the recent PET meeting, and in which she first articulated her accusations against him, regarding his behavior towards the student. In that memo, the mother requested that student be re-assigned to a different special education teacher. At a meeting of the PET members on September 13, 1999, it was agreed that student would be taught by special education staff other than Mr. Davison. (Exhibits: S74-78; Testimony: Mother)
Although the mother testified that between her letter of September 10, 1999 and September 21, 1999, student was in very frequent contact with Mr. Davison, the student’s home-school journal includes no indication of this level of contact. (Exhibits: P266-287; Testimony: Mother)
The mother noted that during the period at issue, student was also suffering from serious pre-menstrual syndrome (PMS) and in her journal the mother documented incidents possibly related to PMS. (Exhibits: P349, 351, 354, 362, 370, 423, 429; Testimony: Mother)
On September 21, 1999, the mother got a Temporary Restraining Order against Mr. Davison, from the Bridgton District Court. (Exhibits: S71; Testimony: Mother)
In the week following the issuance of the TRO, due to behavior, student had to be taken home during the school day at least two, maybe more, times. (Testimony: Mother)
On October 4, 1999, following a District Court hearing, the TRO was dissolved. (Exhibits: P131-246)
On October 13, 1999, Ms. Tonken, student’s case manager, suggested that the mother consider transferring student to the Adams School, an alternative school. The mother refused to consider a transfer, contending that this was a school for “bad kids.” (Exhibit: P340; Testimony: Mother)
On October 29, 1999, student demonstrated significant “out of control” behavior at school, such that a teacher felt in danger from her. The mother picked student up and observed that her behavior was not de-escalating. On that evening, student was placed in Bridgton Hospital, in the psychiatric unit, since the mother felt student was not safe at home. (Testimony: Mother)
Bridgton transferred student to Spring Harbor in Portland, where she remained until being admitted to Lakeview Neurorehabilitation Center on December 1, 2000. She remained at Lakeview until June 23, 2000. Lakeview is a residential placement, which accepts students with neurological deficits and behavioral disorders. Although the mother testified that her initial goal was for student to have a thirty-day placement at Lakeview so that her medications could be adjusted, it was Ms. Linekor’s testimony that Lakeview placements are almost always between three months and four to five years. Ms. Linekor is the Director of the Learning Center at Lakeview. (Testimony: Mother, A. Linekor)
Student’s behavior improved significantly during her stay at Lakeview. For the period of January 2000 through June 2000, the following observations were made: physical aggression, 8 incidents in January, none in February through May; verbal aggression, 36 incidents in January, 28 in February, 7 total from March through June; non-compliance, 13 incidents in January, 10 in February, 2 total from March through June; compliance, 146 incidents in January, February through June ranged from 107 to 151 per month; self-injurious behavior, 3 incidents in January, 1 in February, and none from March through June; positive peer interaction, for five months beginning in February, 142, 162, 106, 96, 66; self-soothing behavior, for five months beginning in February, 16, 34, 28, 22, 20; anger management, for five months beginning February, 8, 19, 11, 9, 10; ineffective anger management, 6 in April, 4 in May; rudeness, 45 in February, 9 in March, 43 in April, 4 in May; use of restraints, twice in January, none after that. (Testimony: Ms. Linekor)
While at Lakeview, student received a full educational program, including 2.5 hours each morning of academic work, followed by lunch, medications and a break, with various therapies, based on student’s IEP, in the afternoon. According to Ms. Linekor, student continued to work somewhat below her level of ability, and demonstrated a mild to moderate math-based learning disability and more significant deficits in the area of written language. (Exhibit: P538; Testimony: A. Linekor)
Student was discharged from Lakeview on June 23, 2000. Ms. Linekor did not express an opinion about whether she agreed with discharge at that time, but rather that student was discharged at the request of the family. (Testimony: Ms. Linekor)
On July 21, 2000, the family requested a due process hearing from the Department of Education. (Due Process Request)
VII. Conclusions
There is no question that student does have significant emotional issues, which could impede her educational performance. Both testimony and documentary evidence indicate that she is likely performing somewhat below what she is capable of. Given her emotional issues, this is not surprising.
There is also no dispute that student had a very difficult 1999-2000 school year. Perhaps the placement decision made by the PET at the September 8, 1999 was not optimal, given her significant emotional distress. However, there is no evidence that an Essential Life Skills classroom would have been more appropriate, given that life skills classrooms are typically for students with lower cognitive levels, mental retardation, Down Syndrome and similar disabilities. Just because this classroom might be quieter or less stressful than a resource room is no basis for placement.
However, the issue is whether student’s placement in September 1999 led to her behavioral deterioration and eventual residential placement, and whether student was consequently denied FAPE. There are numerous indications that student may have needed medication adjustments during the period in question, and suggestions that she may have experienced prior medication failures. At the time, the mother believed that her medications were the cause of her deteriorating behavior. Dr. Taylor, the physician who prescribed student’s medications at that time, repeatedly changed student’s medication protocol, and at times it appeared that student was experiencing almost daily medication changes.
Likewise, there is evidence that during the period in question student was suffering other somatic disorders, with emotional components, such as serious PMS. The mother’s journal and her comments to student’s counselor include numerous references to student’s menstrual cycle and to PMS and to the effects that this might have on student’s behavior.
Although student was experiencing rapid decomposition at this time, with significantly out of control behavior, the evidence indicates that she had previously experienced behavioral deterioration, to the extent that the mother wrote a memo to the school stating that they had a “potential loose cannon on the premises.”
While student’s placement may have marginally contributed to her behavioral issues, the presence of medication difficulties, other somatic symptoms and a history of serious behavioral issues, suggest that it was not the controlling factor, and the family failed to present evidence sufficient to rebut that supposition.
V. Decision on Motion for Judgment as a Matter of Law
The family failed to meet their evidentiary burden to show by a preponderance of the evidence that the School District failed to provide FAPE to student during the 1999-2000 school year. Therefore, the Motion for Judgment as a Matter of Law is granted in favor of the School District. There is no order issued.
______________________________ ________________
Lynne A. Williams, J.D., Ph.D. Date
Hearing Officer
Family’s Index of Documents
P1 Lakeview Medication Schedule (June 30, 2000)
P2-5 Lakeview Client Service Plan (June 20, 2000)
P6-7 Lakeview Neurorehabilitation Center Speech/Language Pathology Consultation Note (March 2000)
P8-13 Letter from Donna Howton to mother forwarding Client Service Plan for student for period January 11, 2000 to February 10, 2000, with attached Client Service Plan (February 29, 2000)
P14-15 Lakeview Learning Center Monthly Progress Report (February 15, 2000)
P16 Memo from mother to Donna Howton regarding response from Medicaid concerning request for more nights at home (February 8, 2000)
P17 Conduct Report (February 9, 2000 – February 26, 2000)
P18 Lakeview Medication Schedule (February 5, 2000)
P19-20 Lakeview Health Services Monthly Report (February 4, 2000)
P21-35 Student’s February 2000 Journal (Redacted to eliminate Attorney-Client Privileged Information) (February 1, 2000 – February 28, 2000)
P36 Letter from Donna Howton forwarding Lakeview’s Client Service Plan for 12/15/99 – 1-10-99 (January 25, 2000)
P37-42 Changes in physician’s Plan of Treatment (January 24, 2000)
P43-44 Memo from mother to Donna Howton regarding student’s mood (January 22, 2000)
P45-47 Lakeview Monthly Progress Report (January 18, 2000)
P48-50 Lakeview Health Services Monthly Report, with Client Schedule (January 12, 2000)
P51-55 Letter from Donna Howton to mother forwarding Lakeview Client Service Plan for 12/01/99-12/14/99, with attached Client Service Plan (January 3, 2000)
P56-63 Student’s Journal for 2000 (Redacted to eliminate Attorney-Client Privileged Information (January 2, 2000 – January 28, 2000)
P64 Lakeview Medication Schedule for Student (December 24 – 26, 1999)
P65 Memo from mother to Donna Howton, L.C.S.W., regarding student’s headaches (December 17, 2000)
P66-72 Lakeview Evaluations for OT, PT and SLP (December 15, 1999)
P73-75 Lakeview Initial Evaluation – Neurorehabilitation Nursing (December 14, 1999)
P76-77 Memo from mother to Donna Howton, contact sheet for student and issues brought to her by student (December 13, 1999)
P78-82 Recommendations for Admission and Treatment at Lakeview (December 1, 1999)
P83-87 Discharge Summary from Spring Harbor Hospital (December 1, 1999)
P88 State of Maine – Promotion Record/Student Record Card for student (December 1, 1999)
P89 Letter from Rhonda Loveitt (Lakeview) to DHS regarding approval for admission of student for residential rehabilitation (November 29, 1999)
P90 Student Cumulative Register (September 5, 1999 – November 28, 1999)
P91 Letter from Dr. Gerald Taylor regarding lack of cooperation from school in assisting student (November 18, 1999)
P92-97 Report of Psychological Consultation by Karen M. Pearson (November 2, 5, 1999)
P98-103 Psychiatric Evaluation done at Spring Harbor Hospital (October 20, 1999)
P104-109 History and Physical for student taken for admission to Spring Harbor Hospital (October 20, 1999)
P110 Letter from Superintendent Cunningham to mother (October 12, 1999)
P111-115 ACHC Social Work Visit Reports (October 7 –19, 1999)
P116-130 Continued Journal for 1999-2000 (October 5, 1999 – December 30, 1999)
P131 Order from District Court terminating temporary order for protection and denying order for protection (October 4, 1999)
P132-246 Transcript of hearing in the matter of Mother o/b/o student v. Randy Davison (October 4, 1999)
P247-257 Transcript of 9/28/99 PET meeting (September 28, 1999)
P258-259 AHCH Social Work Visit Report (September 23, 1999)
P260 Letter from 8th grade team to parents regarding curriculum for school year (September 22, 1999)
P261 Videotape of student (September 13, 1999)
P262-265 AHCH Social Work Visit Reports (September 9 –21, 1999)
P266-287 Student’s 1999-2000 school journal (September 8 – 30, 1999)
P288 Student’s 8th grade schedule (September 8, 1999)
P289-293 Special Education PET minutes (September 8, 1999)
P294 Letter from Dr. Gerald Taylor to mother regarding student’s medication management (September 7, 1999)
P295-304 AHHS Social Work Visit Reports (June 17 – August 26, 1999)
P305-307 Student’s summer journal (June 7 – September 3, 1999)
P308-309 Student’s 7th grade progress reports for 4th and 5th terms (undated)
P310 Letter from MSAD 72 indicating that Carol Tonken will assume case management of student (June 15, 1999)
P311 AHHA Social Work Visit Report (June 3, 1999)
P312 Memo from mother to Principal Underwood regarding placing student under care of behavior specialist (June 2, 1999)
P313 Communication Documentation (June 1, 1999)
P314-315 Memo from mother to Laury Maass (Director, Special Services) regarding student’s School Assignment for 99-00 school year (June 1, 1999)
P316 School Record (Grades 5, 6, and 7) (June 1999)
P317 Addendum to AHHS Visit Report/Communication To Physician authorizing visits for student (May 26, 1999)
P318-319 AHHS Social Work Visit Report (May 19, 1999)
P320 AHHS Social Work Visit Report (May 12, 1999)
P321-336 Special Education PET Minutes (with IEP) (April 29, 1999)
P337 Letter from James Underwood, Principal, to mother responding to mother’s 4/12/99 Memo (April 23, 1999)
P338 Handwritten note from mother to Mr. D and Vicky regarding student (April 16, 1999)
P339 AHHS Social Work Visit Report (April 14, 1999)
P340 Memo from mother to Principal Underwood and other staff regarding request to be absolved of any legal responsibility for actions taken by student while at school (April 12, 1999)
P341-345 Memo from mother to Principal Underwood and other staff at Molly Ockett School regarding student being in a class with the “Special Kids” (April 7, 1999)
P346 Accident and Injury Report – student fell while walking up stairs (March 26, 1999)
P347 AHHS Social Work Visit Report (March 24, 1999)
P348 Addendum to AHHS Visit Report/Communication to Physician (March 16, 1999)
P349-359 AHHS Social Work Visit Reports (December 30, 1998 – March 10, 1999)
P360-361 Memo from mother to Mr. Davison regarding problems student is having with her teacher (December 21, 1998)
P362-365 AHHS Social Work Visit Reports (November 18, 1998 – December 16, 1998)
P366 Fax from mother to Molly Ockett School giving permission for student to have aspirins (November 16, 1998)
P367 AHHS Social Work Visit Report (November 11, 1998)
P368 Memo from mother to Vicky Lyons regarding notes concerning student (November 2, 1998)
P369 AHHS Social Work Visit Report (October 28, 1998)
P370-371 Memo from mother to Mr. R. Davison regarding concerns over student’s increased stress and anxiety (October 19, 1998)
P372-433 Student’s 7th grade School Travel Journal (October 20, 1998 – June 18, 1999)
P434-438 AHHS Social Work Visit Reports (October 2 – 14, 1998)
P439 Memo from mother to Mr. Gervais regarding student’s reading assignments (September 9, 1998)
P440 Memo from mother to Principal Underwood regarding student’s homeroom assignment (September 9, 1998)
P441 Student’s Grade 6 Report Card (June 29, 1998)
P442-445 Psychological Evaluation of Susan B. Holinger, M.S., N.C.S.P. (March 31, and April 7, 1997)
P446-453 Printouts of various computer screens entitled User Defined, Conduct, Misc., Health, Codes, Groups, Contacts and Personal (undated)
P454-480 Dr. Nash’s notes (March 30, 1998 – July 25, 2000)
P481-499 Dr. Gerald Taylor’s Notes, Patient Information Sheet and Letter prepared by Dr. Taylor on behalf of student (Jun 7 – September 7, 1999)
P500-501 Memo from mother to student’s Team (June 20, 1999)
P502 Memo from mother to Principal Underwood (June 11, 1999)
P503 Form letter from 7th grade team to mother (June 10, 1999)
P504 Psychological and medical fact sheet on student (undated)
P505 Memo from mother to Dr. G. Taylor (September 3, 1999)
P506-510 Memo from mother regarding “Student’s Problems with Mr. Davison (September 10, 1999)
P511-525 Mother’s Journal (September 13, - October 4, 1999)
P526 Order Terminating Temporary Order for Protection (October 4, 1999)
P527 Memo from mother to Dr. G. Taylor, requesting a letter to send to caseworker (November 17, 1999)
P528 Information Release from mother (November 17, 1999)
P529 Letter signed by mother regarding allegations that the student was taken off school grounds by a teacher (November 26, 1999)
P530 Memo from mother to Sylvia Pond (January 2, 2000)
P531-532 Memo from mother to Dr. G. Taylor (February 25, 2000)
P533-534 Medical and Therapeutic Facts Sheets about student (December 1, 1998; September 8, 1999)
P535 Lakeview Medication Schedule (June 30, 2000)
P536 Memo from mother to Principal Sonergan (September 21, 1999)
P537 WIAT scores, from Lakeview testing (December 1999)
P538-539 Lakeview Learning Center Discharge Report (June 20, 2000)
Family’s Witnesses
Mother
Auriel Linekor, Sc., M.R.C.S., L.T., Director, Lakeview Learning Center
School’s Index of Documents
S1-2 Letter to Attorney Rice from Attorney Tchao (September 11, 2000)
P3-15 Interim IEP (September 1, 2000)
S16-21 PET Minutes (September 1, 2000)
S22-24 Notice of PET Meeting (September 5, 2000)
S25-27 Letter to mother from Ms. Cote-Crosskill (August 24, 2000)
S28 Letter to Attorney Herlan from Attorney Rice (July 27, 2000)
S29 Letter to Attorney Rice from Attorney Herlan (July 26, 2000)
S30 Release of Information (July 26, 2000)
S31 Authorization for Release of Information (July 13, 2000)
S32 Letter to mother from Ms. Hall (June 26, 2000)
S33-38 Lakeview Neuropsychological Evaluation (June 13 – 14, 2000)
S39 MSAD #72 Communication Documentation (June 14, 2000)
S40 Parental Notice of PET (June 2, 2000)
S41 Parent Response to PET Meeting Notification (June 2, 2000)
S42-46 Letter from Superintendent Cunningham from Attorney O’Meara (May 24, 2000)
S47 Release of Information to Lakeview Neurorehabilitation Center (December 1, 1999)
S48 Note regarding Science Book (December 1, 1999)
S49 Attendance Register (September 7 – December 1, 1999)
S50 Handwritten Note regarding comment by mother (November 18, 1999)
S51 Memo to Mrs. Tonken from mother (November 17, 1999)
S52 Letter to mother from Superintendent Cunningham (October 12, 1999)
S53 Memo to Principal Soraghan and student’s Team from mother (September 21, 1999)
S54-55 Handwritten Note from Ms. Tonken (September 30, 1999)
S56 Handwritten Note from Mr. Alt to Mr. Soraghan (September 28, 1999)
S57-60 Behavior Report prepared by Mr. Alt (September 27, 1999)
S61-67 Order Terminating (Temporary) Order for Protection and Denial of Order for Protection, Affidavit of Randy Davison and Affidavit of Mitchell Sparks (October 1999)
S68-69 Complaint for Protection from Harassment (September 20, 1999)
S70 Summons-Protection Order (September 20, 1999)
S71 Temporary Order for Protection and Notice of Hearing (September 20, 1999)
S72 Typewritten Notes by Randy Davison (June 15, 1999)
S73 Notes from Parent Meeting (September 13, 1999)
S74-78 Memo to Ms. Bodenheim, Dr. Taylor, Ms. Pond, Ms. McCullam, Principal Soraghan and Ms. Tonkens from mother (September 10, 1999)
S79-89 PET Minutes and IEP (September 8, 1999)
S90 Authorization for Exchange of Information (September 8, 1999)
S91-94 Handwritten Notes from Randy Davison’s Journal (September 3, 1999)
S95 Memo regarding case management (June 15, 1999)
S96 Memo to Principal Underwood and student’s team from mother (June 11, 1999)
S97 MSAD #72 Communication Documentation ( June 11, 1999)
S98-100 Letter to mother from Ms. Maass (June 9, 1999)
S101-102 Memo to Ms. Maass from mother (June 1, 1999)
S103 MSAD #72 Communication Documentation (June 1, 1999)
S104-119 PET Minutes and IEP(including Behavior Plan) (April 29, 1999)
S120 Authorization for Exchange of Information (April 29, 1999)
S121 Memo to Principal Underwood, Mr. Davison, Ms. McCullam, Ms. Pond, Mr. Laughlin from mother(April 12, 1999)
S122-125 Memo to Principal Underwood, Mr. Davison, Ms. McCullam, Ms. Pond, Mr. Laughlin and Dr. Nash from mother (April 7, 1999)
S126-128 Pupil Evaluation Team Meeting Notification (April 6, 1999)
S129-130 Memo to Mr. Davison from mother (December 21, 1999)
S131 Drug Reaction Sheet (December 1, 1999)
S132-136 Special Education Program Review Letter from Ms. Macklin (Undated)
S137 Note to Ms. Lyons from mother (November 2, 1998)
S138-139 Memo to Mr. Davison from mother (October 19, 1998)
S140 Telephone Message Slips to Mr. Davison from mother(September 9, 1998)
S141 Memo to Principal Underwood from mother (September 9, 1998)
S142 Memo to Mr. Gervais from mother (September 9, 1998)
S143-148 PET Minutes (May 13, 1998)
S149-159 IEP (including Behavior Plan) (May 13, 1998)
S160 Proposed Change of Program Notice (May 13, 1998)
S161 Waiver of Prior Written Notice (May 13, 1998)
S162 Drug Reaction Sheet (May 8, 1998)
S163-168 Discharge Summary from Charter Brookside Behavioral Health System of New England (January 25, 1998)
S169-173 PET Meeting Minutes (May 19, 1997)
S174-183 IEP (including Behavioral Plan) (May 19, 1997)
S184-185 Learning Disability Evaluation Report (May 19, 1997)
S186-189 Psychological Evaluation (May 31 and April 7, 1997)
S190-195 Neuropsychological Evaluation from Braintree Hospital (June 8, 1994)
S196-209 Grades, Absences and Promotion Record from Grades 5-8 (undated)
A1-159 Notes from Home-School Journal (October 1998 through October 1999)
Prehearing Documents Prepared by Hearing Officer
H1-2 Decision on School District’s Request for Dismissal and Document Production Request (September 21, 2000)
H3 Memo from the Hearing Officer, clarifying issues for hearing and stipulations (October 5, 2000)
The family resisted complying with requests for documents throughout the course of this hearing. One of the family’s own witnesses testified that certain documents had been sent to the family, yet they were never produced. Other documents were selectively edited or had pages or sections removed, based on the family’s conclusion about what was, and was not, relevant to the issues in dispute.
One suicide incident was reported, although Ms. Linekor was not in residence at the school during the time of the reported incident, and was unsure of the date.
It should be noted that the various residential placements were paid for by Medicaid and that the family is not seeking reimbursement from the School District for these placements.
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