NYSED redacts decisions, and its source files vary in quality. Gaps and text errors are original to the NYSED documents.
FINDINGS OF FACT AND DECISI######
Case Number:
###udent’s Name: ### ###
Date of Birth: #####
Di###rict:
###aring Reque###ed By: Parents
Dates of ###aring: October 29, ### December 10, ### January 25, ##### February 16, ###### March 22, ###### April 5, ###### , ###### 14, ###### ###### ###### ######
Se###ember 27, ###### October 20, ###### December 6, ######
######
###aring Officer: ###### ###### Record Closed:
WITNESS LI###
Date of Appearance For ###### School Di###rict: 10/29/10 Te###im######y of ### ###
Te###im######y of ### ###
12/10/10 For ###### School Di###rict:
Te###im######y of ###
Te###im######y of ### ###
1/25/11 For ###### School Di###rict:
Te###im######y of ###
2/16/11 For ###### School Di###rict:
Te###im######y of ###
Te###im######y of ### ###
3/22/11 For ###### School Di###rict:
Te###im######y of ###
Te###im######y of ### ###
4/05/11 For ###### School Di###rict:
Te###im######y of ###
Te###im######y of ###
WITNESS LI###
Date of Appearance For ###### School Di###rict: 5/19/11 Te###im######y of ###
Te###im######y of ###
6/14/11 For ###### Parents:
Te###im######y of ###
Te###im######y of ###
7/20/11 For ###### Parents:
Te###im######y of ####
7/28/11 For ###### Parents:
Te###im######y of ###
Te###im######y of ####
8/09/11 For ###### Parents:
Te###im######y of ####
9/27/11 For ###### Parents:
Te###im######y of ####
10/20/11 For ###### Parents:
Te###im######y of ###
WITNESS LI###
Date of Appearance For ###### Parents: 12/06/11 Te###im######y of ###
Te###im######y of ###
12/20/11 For ###### Parents:
Te###im######y of ###
1/26/12 For ###### Parents:
Te###im######y of ###
Te###im######y of ###
2/15/12 For ###### School Di###rict:
Te###im######y of ###
Te###im######y of ### ###
Te###im######y of ###
3/28/12 For ###### School Di###rict:
Te###im######y of ### ###
###### matter came before me ###### October 29, December 10, ###, January 25, February 16, March 22, April 5, May19, June 14, July 20, July 28, ######. ###### ###aring was ###ld pursuant to ###### Individuals with ### Educati###### Improvement Act (IDEIA), Secti###### 504 of ###### Rehabilitati###### Act, New York Educati###### Laws and Part 200 of ###### Commissi######ers Regulati######s. ###### compliance date was extended after each ###aring date and for po### ###aring submissi######s until #### Appended to ###### record are li###s of pers######s in attendance and documents submitted into evidence.
BACKGROUND
### was a ### young###er at ###### time ###### Due Process Complaint was filed ###### Augu### ###, classified as a ###udent with ###. ### attended a private ### for ###### ###-### school year. ###### Committee ###### ### (“###”) c######vened ###### March 19, ###; ###### ### recommended for ###### ### school year, a community school, ###, ### with a ###placement. ###### ###udent was sc###duled to attend ###### ### for ### and for ###### of ###### day ### was to be##### with an ###. ### ### (“###”) ### and “### and ### (“###”) were to be provided ###### a ###. ### was to be ####, #### ###### class room. ### ### was to be provided, ###. ###### ###udent was deemed to be ineligible for ####.
###### parents c######tend ###### matter is about a ### case from ### to ### and that ###### child was n### yet ready for ###. ### was n### ready ###, ### and also has ### issues as well as ### issues. ###### parents argue that a c######tinuati###### of ### ### program is an appropriate program for ###### ###udent for ###### ### school year. ### ### program c######si###ed of ###school year with ##### ###/### ###### ### of ###, ### and ### ###### an individual basis, ######, school and in ###### community. ### was provided at ####, #### per week.
###### parents argue that ### March, ### IEP had numerous procedural and sub###antive errors. Some of ###### alleged sub###antive and procedural flaws alleged are that ###### IEP fails to indicate that ### ###udent was successfully ###### during ###### ###- ### school year; ###### proposed placement is n### in ###### Lea### Re###rictive Envir######ment (“LRE”) and that ###### ### are insufficient to meet ### needs. ### ### is n### appropriate for ###### ###udent, ###### present levels of abilities and needs are vague and do n### accurately reflect ### abilities and needs. ###### goals and objectives are insufficient; many of ######m are vague and n### objectively measurable, inappropriate for ###### ###udent. In sum ###### parents argue that ######se flaws individually and/or collectively e###ablish that ###### Di###rict failed to provide ###### child with a “free appropriate public educati######” (FAPE). ###### parents seek reimbursement/prospective funding for ###### program, #### and #### obtained for ######ir child.
###### Di###rict argues that ###### March #######, ### IEP, if implemented, would have provided ###### child with a FAPE.
### DI###RICT’S CASE
###### ### #### (“###### Di###rict”) was represented by #####, Esq. of #######, LLP.
###### Di###rict’s fir### witness was ### . ###, a ### ### for ###### ### School Di###rict (Di###rict); #### has worked in ###### School, since 1999. #### ### has a ######, ######, and ###### ####. Also, #### is certified as a ### and ### handicapped pathologi### te###ified that ###r professi######al experience includes working with children with minor ### delays to working with young###ers with ###### ### delays and ###. ###r previous positi######s provided in-house training/ formal training, some of which ###ed ###### ###. In ###iti######, to ###r undergraduate and graduate training, #### has attended numerous c######ferences throughout ###### years that have ###ed ####### children. (Tr. 56-57) #### described ###r positi###### at ###### ### ### ## as c######si###ing of evaluating and treating children who may havE ### or###. ###### ###udent populati###### at ###r school covers ### through ###### ###; #### works with b###h ### and ####young###ers. ###r work with ###### ####populati###### ###es ###### ###lping to remediate ### ### or proble#### ###r work with ###### ### populati###### is ###ed ###### improving as per ###### IEP. ###### pathologi### n###ed that some of ###r ######r duties c######si### of ###### IEPs, writing goals and objectives and screening children. ### works with ###s regarding improving within all settings across ###### board. (Tr.57-58)
###### pathologi### ###ated that #### meets with ###### parents of children who come to ###### ### orientati######. Also, #### meets with parents who come in May for ###### ### ### procedures. #### did n### meet with ###### ###udent’s parents for ###### ##### parent orientati###### nor did #### see ######m at ###### orientati###### in ###### ###. ###### meeting provides an opportunity for ###### educati######al ###aff to observe ###### children in a class setting to get a sense of ###### child’s skills and deficits. ###### children are placed in a classroom with eight to ten children and work ###### ###-like activities. Throughout ###### school year, #### meets with parents ###### an informal basis and ###### a formal basis, such as at parent/### c######ferences and meetings for parents of children ###ing into ###.(Tr. 58-59) #### n###ed that ######re was a parent introducti######, ### to ### to ### meeting, in March, which covered ###### differences between ###### ### and ###### ###. #### did n### see ###### parents at that time.(Tr.60-61)
#### ### ###ated that #### attended ###### March 19, ### meeting which made recommendati######s for ###### ### school year. #### n###ed that ###### IEP recommended “## #, ###, ######e hour in a ### group setting.” (Exh. 4) #### reviewed a ### reevaluati###### c######ducted by #### ### and gave a detailed explanati###### of ###### results of ###### evaluati######.(Tr. 62-63) #### explained that ###### evaluati###### began with ###### #######t of ### and ##### which looks at ### ### and ###competence. ###### te### is normed for a ###. At ###### time of te###ing ### was ### and ### scored in ###### ### ###. #### ###ated that ###ati###ically speaking, ######e can assume if ###### te### was scored for ### age, ### would have a hig###r ### rank.(Tr. at 65 and 69-70)(Exh. 14)
Next, #### reviewed ###### ###process c###ckli###, which ###### evaluator indicated in ###r report that #### did n### admini###er because ###### ###udent’s errors were n### ###in nature; ### errors were articulatory or ###### m###or based. ### errors centered ###### ###### sub###ituti######s, omissi######s and di###orti######s. ##### ###ituti###### occurs w###n ######e ###is put in place of an######r, such as for , for and for , which is ### for ### age. However, ###### ###ituti######s are ### in nature and warrant ###### interventi######, such as for ,##### ## ### ######se results show that many of ### skills are age appropriate and ###### ### that need ### can be ###ressed in ###### ###. (Tr. 71- 73) ###### ### in ###### ###class has a ### pathologi### who is assigned to ###### class; #### spends an hour a day in ###### class, assesses ###### children and works with ######m to develop new goals. Next, #### c###s ###### ### and ###s how to work with ###### ###### programs #### has developed, designed specific to ###### activities and goals #### has targeted for ###### children to accomplish. (Tr. at 70 and 85-86) (Exh. 14)
###### next set of te###ing was ###### ###-Preschool, which is broken down into six subte###s. Each subte### is scored ###### a ### rank;### ### would be between ####. Low### is between ######h ### and ###### ### and below ###### ### indicates an area of ####. Anything above is c######sidered ###. ### ###ive skills subte###s ranged from ### to ###. ### te###s ranged from 50% to 84% all in### to high###. ######se ### show that ###### ###udent’s ###### acquisiti###### of r is in ######### range. ######refore, ### does n### need remediati###### in ###### acquisiti###### which makes ###### ### appropriate to ###ress ### needs. ###### evaluator in ###r report n###es that ###### ###udent has made “tremendous improvement” from ### la### te###ing. (Exh. 14-3) ###### ###udent’s ### in articulatory development can be remediated via ###### classroom ######rapi###, ### and ###s in a natural setting, ###### a daily basis. (Tr. 75-78)
###### Te### of ####-3 (####-3) looks at ph######emic awareness, #### and functi######al #### skills. #### explained that ph######emic awareness looks at a child’s ability to ###ar and di###inguish #### in ###### and to manipulate #### in our ######. #### reflects ###### child’s ability to li###en to informati###### and recall it. skills looks at ###### child’s ability to under###and informati###### and assesses how well a child can ## , make inferences and come to logical c######clusi######s based ###### ###### #### informati###### given. In ###### area of ####, which assesses ###### child’s ability to di###inguish #### and similarities within word pairs, ### scored 63%. ###Segmentati######
###resses how well a child can break apart words, compound words; ### scored 75%. (Tr. 79- 81)(Exh. 14)
An area of ### was shown in ###blending which assesses how well a child can li###en to #### and put ######m toge######r in a word;. ### scored 16%. ###### skill in children at ### ######n age ###### is in ###### ### ###age and as such, ### low score indicates a mild delay which could be attended to in ###### ###. ###### next category, Number Forward Memory, te###s ###### child’s ability to retain sequences of #### informati######; ### scored 84%. Some ###iti######al areas of ###es were detected in ###### areas of #### Compre###nsi###### and #### Reas######ing. #### Compre###nsi###### reviews how well a child under###ands informati######. #### Reas######ing looks at ### ability to under###and implied meanings and reach logical c######clusi######s based ###### ###### informati###### presented. ###### # in each of ######se areas, low###. ######se deficits can be readily ###ressed in ###### ### by ###### ######rapi### ###### activities, based ###### ### level of need and teaching ###### classroom ###aff how to ###ress ### needs for compre###nsi###### and reas######ing. (Tr. 82 -85; Exh. 14)
#### is ###### ###### use of ######; ### ###### can be r###e, work needs to be d######e to make ### more flexible with ### ###### so that ### appropriately adju### it to ###ress specific situati######s. ###### ### provides ###### opportunity for ### to be resp######sive to different partners, ###### ###, ###### three ###s and classmates. Each partner offers ### a chance to work with different pers######s, to develop some flexibility in ### resp######ses. Individual ######rapy would provide ### ######### with ######e partner. ###### final category is Spage which shows that ###### ###udent c######tinues to have difficulty with pr######oun usage, verb tense and verb tense agreement. ###### ### can ###ress ###### within ###### classroom. ###### witness opined that based ###### ###### report, ### skills are age appropriate and ###### areas that ### has difficulties in are suitable to being ###ressed in ###### “### ### with ### peers in a more natural setting.”(Tr. 86-90 and 90- 92)(Exh. 14)
#### ### reviewed and discussed ### ### goals; #### showed how each goal was designed to ###ress those areas ### needed ###lp in as identified in ###### ### evaluati###### report. #### referenced ###### goal that ###ed ###### ###### ###udent using and objective in a sentence and linked it directly to ###### evaluati######, in ###### secti######.(Tr.94-97 and 98-101) (Exh. 14)
###### cross examinati######, ###### pathologi### te###ified that #### was present for ###### ### porti###### of ###### IEP meeting ###### March 19, ###; #### was n### a provider of ### ### ######s. #### was n### involved in ###### ### decisi###### making process pertaining to ### ######s recommended for ###### ######. #### did n### recall w#########r ####’s evaluati###### was ###### ######### ### report used at ###### IEP meeting. #### ###ated that based ###### ###### ###udent’s presentati###### with ###r, #### may have used different te###s than what #### used.(Tr. 104-106 and 108-110) #### ### ###ated that #### would n### have been ###### ###udent’s ######rapi### in ###### proposed class and had limited knowledge of ###### qualificati######s of ###### ### pathologi### who would have been in ###### class. #### explained that ###### classroom ### pathologi### comes in ###### a daily basis for ######e hour to work with ###### children, ### and ###s. #### ventured a guess that if ###### child was n### in ###### room w###n ###### pathologi### came into ###### room, ###### pathologi### would find ###### child and if it happened more than ######ce, #### would have to change ###r sc###dule to accommodate ###### child’s needs. (Tr. at 112 and at 117)#### did n### recall if #### #### agreed with ###### recommended ### ######rapy or with ###### goals. #### acknowledged that ###### parents were n### required to attend ###### pre-### meetings and that ###### child could be screened during ###### fir### few days of school. (Tr. 125-128)
###### redirect, ###### ### ### ###ated it is n### necessary to take ### to develop ###### goals w###n you have informati###### directly from ### ###### ###s and a reevaluati######. ######re was discussi###### ###### ### deficits in certain areas and ###### ### many gains in ######r areas. ###### ###udent appeared to have “in ###### scope and sequenc.” (Tr. 140-141)### did n### require individual sessi######s based ###### ### overall level of #### functi######ing; ### had a mild #### #### and mild #### delay. ######, ###### ### orientati###### and screening is attended by mo### parents if ######y are regi###ered.((Tr. 138-140 and 146-148)
###### Di###rict’s next witness was ### ###, assi###ant for ### and for ### ####. #### has New York ###ate permanent certificati######s in ### educati######, ###, school di###rict admini###rati###### and school supervisi######. #### has taught ### classes, at different levels and was a resource ###. #### advanced from ### to and in ### #### moved ###### to ###r current positi######. ###r duties include supervisi###### of all aspects of ######## which is ###, ### ######s, ######s, . However, ###r primary resp######sibility is as Director of ### for ###### School Di###rict (Director) from ### through age 21. #### is app, to ###and in for #### who has primary resp######sibility for that positi######.(Tr. 154-156 and at 158)
As Director of ### #### is resp######sible to ensure that timelines for are implemented and that all IEPs programs and ######s are in place for children within ###### School Di###rict and for those educated outside of ###### Di###rict. ######re are approximately 250 school age children and 25-30 pre-school children that are classified in ###### Di###rict. #### fir### became aware of ### through #### w###n ######y were reviewing ###### children who would be transferred from ### to ###. #### #### ###’s IEP meeting ###### March 19, ###.(Tr. 159-160)
###### parents were ###### ######### pers######s who disagreed with ###### recommended program, ######y discussed ######ir c######cerns and #### gave ######m ######ir due process rights. #### reviewed ###### due process complaint and ###ressed some of ###### allegati######s li###ed under ###### Problem. #### n###ed that it is n### a requirement that ###### IEP li### that a child was #### previously while participating in a private ###. ###### recommendati###### was that ### spend a of ### day in a ### and ###### remainder of ### day ### #### with a trained ### ###, in a community school. ###### neighborhood public school is ###### lea### re###rictive envir######ment. It was discussed that ### would remain in ###### #### for as l######g as ### could handle it.######re had been reports that from time to time ### had to be from ###### ### class, until ### was redirected and ### #########. #### n###ed that ######re is ######going training for ###### ###s with an ### ####ant, ####.(Tr. 159-161 and 162-165)
###### Director opined that #### believed that ###### ### does meet ### #### based ###### ###### results of reports and discussi######s at ###### IEP meeting. #### explained in detail how ###### ### worked and how it would ###ress ### specific needs. ###### ### ######s were removed; ### ######s are n### available ###### ###### ### c######tinuum. However, ###### Di###rict had recommended that ### methodologies be used throughout ###### day with ###. (Tr. 173- 176 and 179-181) (Exh. 4) ######re was no indicati###### in any of ###### reports or discussi######s that indicated ### was a candidate for any type of ###.(Tr. at 187). #### opined that ###### goals developed for ###### ###udent were appropriate, n### vague and were measurable.(Tr. 192-194)
#### ### reviewed each goal in ###### proposed IEP, dated March 19, ### and explained in detail, how each goal is tied to ###### child’s needs as indicated in various evaluati######s, observati######s and discussi######s. #### explained that goals mu### meet certain criteria. Goals mu### be observable and/or measurable; ######y mu### have an evaluati###### criteria and a procedure to evaluate ###### goals. (Tr. 348-######1 and at ######7) ###### Director refuted ###### parents’ allegati######, in ###### Demand for Due Process (DDP) w###rein ######y alleged that ###### ######### reporting to parents about ######ir s######’s progress is limited to three times a school year. #### n###ed that ######re’s ### ###### ###### IEP; ######re is a #### #### that goes back and forth daily, between ###### school and ###### parent. ###### #### ## is a written form of an ######going ###### between ###### parents and ###### ###, which informs ###### parents of what is going ###### each school day, successes and failures. ###### parents are free to call ###### ### and obtain an update or ###ress any matter of c######cern. In ###iti######, parent/### c######ferences are sc###duled throughout ###### year.(Tr. 389-391)
#### ### resp######ded to ###### parents’ allegati######s in ###### Demand for Due Process (DPP); #### ###ated ### ######s do n### exi### under ###### ###, c######tinuum for school age children; ###### ### may n### offer ### ######s as an o###i######. ### ######s are available for pre-school young###ers ######### and may ######### be recommended by ###### ###. ### is a ###, n### a ### program. #### recalled that ###### c######tinuum of ######s were c######sidered, ######r programs were c######sidered and rejected, ######y were n### appropriate. In ###iti######, #### referenced ###### IEP, which clearly documented what was c######sidered ###### ###### c######tinuum, including ###### parents’ reque### for a c######tinuati###### of ###### ###-### pre-school progra####
###### director n###ed that ###### pre-school program was too re###rictive and ###### ###’s program was appropriate. (Tr. 689-692 and 693-694)(Exh. 4)
###### Director reviewed a letter that #### sent to ###### parents in January, ###, inviting ###### parents to a meeting ###ressing any c######cerns that ######y may have had regarding ###### ### of ######ir s###### from a pre-school ### program to a ### educati######al setting. ###### letter specifically ###ated ###### meeting would ###ress ### and ####progra#### It reque###ed ###### parents to regi###er ######ir child for ###. Attac###d to ###### letter was a ###ing ###### meeting, time and place.(Exh. 46) To ###### be### of #### ###’ recollecti######, ###### parents never attended ###### matter, ######y did n### call ###r or c######tact any######e at ###### Di###rict regarding same.
###### or about Augu### 10, ###, #### sent a letter to ###### parent in resp######se to ######ir reque### seeking an impartial ###aring. ###### letter identified ###### date for a resoluti###### meeting as arranged with ###### m######r and identified who ###### attendees would be for each party. Enclosed with ###### letter was a li### of attorneys, who could provide legal ######s at low or no co###. Also, enclosed was ###### Procedural Safeguards N###ice, informing ###### parents of ######ir rights regarding ######ir child’s ###al program.(Tr. 695-698) (Exhs. 46; 42; 48 and 49) ######re was no parent member at ###### March, ### IEP meeting pursuant to ###### parents’ written reque### that no parent member attend. (Exh. 44)###### director received a letter from ###### parents dated March 1, ###, w###rein ###### parents submitted several private and independent evaluati######s c######ducted ###### ######ir s######. ###### documents were included in a packet submitted to each attendee at ###### ###udent’s ### IEP meeting. ######y were c######sidered by ###### ###, as well as ######r documents.(Tr. 698-700)
###### director discussed ###### ###udent’s recommended ### of ###, ### and ###; ### were to be provided ###### a ### basis. #### explained ###### ### for ###### proposed ### class. ###### ######rapi### would come into ###### classroom work with ###### children, provide in###ructi###### to ###### ### and to ###### ### ###s regarding each ###udent’s ######rapeutic needs. ###### ###udent was recommended to receive ###, four times in a ####, #### of ###### school calendar. ###### meant for ####, for six school calendar days, ###### ######rapi### would go into ###### classroom to work with ###### ###er, assess ### needs and set up goals based ###### ### needs. ###### ######rapi### would also work with ###### ### and ###aff to give ######m ###### skills ######y needed to work with ###### young###er throughout ###### day. ###### ###aff would reinforce what ###### ######rapi### has d######e with ###### ###udent and work with ###### ###udent to reach ###### goals set for ### by ###### ######rapi###, to ###ress ### specific needs/deficits.(Tr. 701-701)
###### difference between group ######rapy and ###### ### is that with ###### ### ###### ### and ######r ###aff are brought into ###### sessi###### and ######y are trained to work with each ###udent, ###ressing ### deficits and ######n are expected to c######tinue working with ###### ###udent throughout ###### day and days to come. ###### ######rapi### in essence is ####ing for ###### ###s and ###### ###s. ###### ### is used w###n ###### ###udent’s needs do n### require individual ######s. ###### number of ###udents that each ######rapi### provides #### ######s is determined by ###### ratio of ###### class, ###re, it would be no more than six ###udents. ###### ######rapi### works with ###### ###udents in ###### class, ###### ###s and ###### ###s, at different times throughout ###### sessi######s. #### fur######r explained that ###### ### ######rapi### would speak to all of ###### classroom ###aff, and if any ### was ### ###### goals, by any of ######m, #### would analyze it. Based ###### ###### ### ### from ######rs and ###r, ###### ######rapi### would make adju###ments to ###### ###udent’s programs, if warranted. Also, based ###### ###### ### ga######red, #### would determine if ###### criteria for a specific goal was met. #### ### n###ed that ######re is ample opportunity throughout ###### school day for ###### ######rapi###s and ###aff to have ######s regarding any given ###udent; ######y could meet before school ###arts or arrange to meet at a specific time. (Tr. 702-705 and 706-708)
Next, ###### director ###ressed a series of letters that were exchanged by ###### Di###rict and ###### parents. ###### m######r’s letter dated June 1, ###, was directed to ####, #### for ###, indicating that if ###### Di###rict did n### offer an appropriate placement, than ###### parents may c######sider a n######-public private school placement. In any event, ###### parents want ###### ###udent’s ### ######s to c######tinue and grant permissi###### for ###### Di###rict to c######tact ###### Di###rict of locati######, for purposes of sharing informati###### regarding ### ### ######s so that ###### Di###rict of locati###### may c######tinue ###### ### ######s. ###### m######r n###ed in ###### letter that #### may hold ###### Di###rict financially resp######sible for ###### ######s and reserves ###r rights to hold ###### Di###rict financially liable for ###### private school placement, for ###### ### school year. Up###### recei### of ###### letter from ####, ###### director c######tacted ###### m######r to inform ###r of ###### deadline to n###ify ###### school of locati######, to arrange for ### ######s for ###r s######. ###### school of locati###### would need to hold a meeting and develop an Individualized Educati###### ###### Plan (IESP) for ###### provisi###### of ######s to ###### young###er.(Tr. 708-710; Exh. Y)
Subsequently, ###### m######r by letter dated July 28, ###, to #### informed ###### ####, that ###### Di###rict’s placement was n### appropriate for ###r s###### and that #### would be sending ### to a main###ream pre-school and wanted a c######tinuati###### of all ### ######s. ###### parents intended to hold ###### Di###rict financially resp######sible for all expenses associated with ### educati######al program/######s for ###### ### school year. ###### or about Se###ember 3, ###, ###### m######r wr###e to ###### director, pertaining to sc###duling pendency ######s. ###### m######r ‘s next letter dated Se###ember 13, ###, ###ressed ### and ###. #### writes ### is regressing and has n### received ### and ### from Se###ember 1; ###### ### ######s are n### fully sc###duled and ######y have n### received any ###. Again, ######y would seek to hold ###### Di###rict financially resp######sible for any co###s incurred. ###### director ###ated that all of ###### ### ######s were in place at ###### time of that letter; #### could n### recall ###### ###atus of ###### ###. ###### Di###rict was providing ###### pendency ######s to ###### ###udent and had ###### ######s all sc###duled. However, ###### m######r changed ###r sc###dule and c######sequently some of ###### ######s sc###duled had to be changed.(Tr. 711-713) (Exhs. X; V and U)
###### m######r sent two ###iti######al letters, ###### letter dated Se###ember 22, ### reque###ed that ###### Di###rict c######tract with a particular agency for ### ######rapy. #### ### wr###e a letter to ###### m######r dated Se###ember 16, ###, outlining all of ###### efforts and work ###### Di###rict had expended to provide ###### ###udent’s pendency ######s. Moreover, ###### director cited numerous incidents w###re ###### m######r had effectively blocked ###### ###udent from receiving ######s. ###### letter ###ated that ###### m######r had cancelled ######s ######e time, dismissed providers at or en route to ###r home and ######r acti######s that interfered with ### obtaining ### ######s. ###### m######r resp######ded by letter dated Se###ember 27, ###. #### provided a detailed accounting of ###### problems encountered with ###### various providers which resulted in missed ######s, through no wr######g doing by ###r. (Tr. 713-716) (Exhs. T; S; and 51)
###### cross examinati######, #### explained that ###### child would in ###### ### and ###### remaining three and ###. However, ###re is flexibility in that sc###dule based ###### ###### child’s needs. ######, ### would be in specials, at lunch and at recess. Also, any academic area that ### showed ###, ######re was a discussi###### that was a ### for ###. ###### determinati###### as to which part of ### day would be spent in a ### versus ####is an ######going process determined by ###### team. ###### team c######si###s of ###### ###s, ###s, providers, ### ####ant and ###### parents. ###### ###udent would remain in ###### ####placement for as l######g as ### could handle it. If ###### ###udent’s behavior indicated that ### needed a break from #### ##### ######n ### would be removed and returned to ###### ### until ### regrouped. W###n ###### ###udent is ###, an ### is always with ### and #### works ###### ### goals. ###### ### would be working ###### ###ing ### to attend and to participate in ###### activities.(Tr. 733-734 and 738-741) If ###### ###udent was being #### w###n a provider was ####ing in ###### ###; ###### provider would keep track of any sessi###### missed and ###### sessi###### would be made up.(Tr. 741-742)
#### ### ###ated that #### was in ###### classroom from 1989 until 2002, ######n #### was appointed ### ####. As ####, #### primarily chairs all of ###### initial referrals, initial eligibility meetings and fir### time placements outside of ###### Di###rict. #### chairs ###### meetings for ###ing pre-schoolers to ###. #### explained that ###r di###rict had several different types of ### classes. ###### di###rict had two ### classes; ###, ###### ### ####ant splits ###r seven hour day, ######ce a week, between ###### ####. ###### ######r ### classes were a ### with varying ratio, a 12:1:1 ### ### and resource room. Resource room is a pull-out program with a maximum of five ###udents with ######e ### ### for at lea### three hours per week. It has a maximum of half a day. (Tr. 749-752 and 753-756) #### discussed
###### IEP meeting, ###### attendees and ###### process by which ###### different categories of ###### IEP are developed. (Tr. 765-767 and 769-770)(Exh. 4)
#### te###ified that all ###### participants in attendance at ###### IEP meeting received a packet of ###### documents and #### identified ###### documents that were reviewed at ###### meeting. #### spoke at length regarding ###### goals; some goals were scribed at ###### meeting, ######rs were crafted at ###### meeting and subsequently written up. (Tr. 905-907 and 908-910)###### team was well aware that ###### ### methodologies had been successful with ###### ###udent and it was agreed that ######ce ### entered ###, ### would be c######tinued. (Tr. 951-952)
###### re-direct, #### te###ified that ###### goals were based ###### input from evaluati######s, reports and observati######s. #### matc###d some of ###### goals, 30, 32, and 34, directly to a ### Progress Report dated March 1, ###. (Tr. 966-968 and 970-972) (Exhs. 4 and 27) #### discussed some of ###### alternative placements c######sidered at ###### meeting; #### n###ed that ###### lea### re###rictive school envir######ment is ###### child’s neighborhood public school. ###### mo### re###rictive ###### ###### ### c######tinuum was ###### home because ###### child was functi######ing ###### levels that could be appropriately met in a combinati###### of special and ##########s. (Tr. at 976) #### n###ed that at no time, prior to ###### impartial ###aring reque### being filed, did ###### parents raise any objecti######s to ###### goals, functi######ing levels cited ###### ###### IEP or documents used to base ###### recommendati######s ######.(Tr. 981-982) ###### re-cross ###### witness was directed to review ###### parents’ letter which indicated ######ir belief that ###### recommended program and placement were n### appropriate. (Tr. 985-986; Exh. X)
###### Di###rict’s next witness, #### ####, school ### and ### ####, ###ated that #### has #### ### meetings pertaining to ###### ###udent and has been a participant in ### meetings for ###. ### has worked at #### from to ###### present as ###### school ###. Two years ago, #### was appointed ###### ### ####. ###r duties as #### requires ###r to and annual review meetings, #### with parents, agencies and schools. #### develops IEPs and visits ###udents at ######ir pre-school placements. Also, #### runs ### groups, b###h individual and group ###. #### #### ###### ###udent’s ### meeting in July, ; ### ###ed from early interventi###### into ###. #### n###ed that #### has observed ### twice, ######ce in ###### 2008-09 school year and again in ###### ###-10 school year. (Tr. 213-216)
#### reviewed ###r November 4, ### observati###### of ###### ###udent in a private ###, ####setting, with six children. ###### ###udent had a ### and ######re was ######e classroom ###. #### n###ed that ###### ### during ###r ######e hour observati###### had to give ###### ###udent several #########s or #### ###### to ###lp ### follow al######g with ###### class. ###### ###udent was able to functi###### independently for five to ten minutes; ### needed assi###ance during ###ing periods. (Tr. 217-220) ###### ###udent had difficulty interacting with ### peers without ###### assi###ance of ###### ###; ### did n### initiate interacti###### with ### peers. ### was comfortable interacting with ### ### and did n### appear to interact with ###### ######r two adults in ###### room. #### observed that ###### child spoke in full sentences; ###### ### reported that ### used ### ######. ### m###or coordinati###### appeared to be a ###rength. #### n###ed that ###### ### reported to ###r, that ### had inc######si###ent behavior, engaged in ######-###imulatory behavior and had sleeping difficulties.(Tr. 219-221 and 222-225) (Exh. 17)
###### March 2, ###, four m######ths later, #### observed ###### ###udent at ###### ###; ### had made progress. ### required less ######ing in order to ###ay ###### task. ### was compliant during ###ing; ###### ### did n### have to ###### ###. ###### ###udent’s ability to functi###### independently improved sub###antially, ###### ### remained across ###### room and ### was complying with ###### ###’s reque### and interacting with ### peers. #### e###imated that ### functi######ed independently approximately of ###### time; ###### ### e###imated . ### interacti###### with ### peers improved significantly, ### approac###d ###### ### own initiative, three different peers, ######e at a time and asked ######m to play. ### interacti###### and play with each peer was age appropriate. #### observed ### working with ###### nursery ### #### and interacting with ###r. ### ###skills showed progress, ### fine m###or coordinati###### c######tinued to be a ###rength as evidenced by ### handwriting. #### indicated in ###r report that ###### ###udent’s ### readiness skills were ### based ###### informati###### from ### ###. ###### ### n###ed that ###### ###udent knows ### letters, ### #### and recognized some sight words. ### was able to write ### full name. #### discussed with ###### ### and ### ###### types of ### classes available in ###### Di###rict. B###h ###### ### and ### recommended placement in a ######ith a shadow ### for at lea### part of ###### day. However, #### te###ified that #### agreed with ###### ### placement recommendati###### based ###### what was reported to ###r, ###r observati######s and ###r own professi######al knowledge of child development.( Tr. 230-233; 234-237 and 238-239) (Exh. 12)
#### te###ified that #### attended and participated in ###### March, ### IEP meeting. #### acknowledged that ###r two observati######s were li###ed under documents relied ###### in ###### ###### ###udent’s IEP. #### reviewed and pointed out secti######s of ###### IEP that were based ###### ###r observati######s and parts of same that were reported to ###r by ###### ###. #### went through ###### ######, ####, academic and management functi######ing levels secti######s and di###ingui####d ###### written comments that reflected ###r observati###### from ###### ###’s comments. #### te###ified that ###### recommended program was discussed at ###### IEP meeting, as well as what a ### day in ###### ### class would look like and areas of ###c######cerns for ###### ###udent. #### explained ###### benefits of ###### proposed placement; ###### #### would facilitate ### growth in terms of ### skills and skills in ######r areas, as well as provide ### for ###. ###### witness fur######r opined that ###### combinati###### of ###### #### worked hand in hand to provide ### with an appropriate educati######. In ###iti######, #### n###ed that ###### time allocated for each class, was n### carved in #########e, it could be adju###ed to meet
###### ###udent’s needs. ### could be given more than three and a half hours in ###### ####. (Tr. 241-245; 247-249 and 250-251) (Exh. 4)
###### ### n###ed that ###### ###udent had made significant progress in three areas, ####, m###or and ###. #### looked over te###ing results and progress reports and c######cluded that ###### ###udent had sufficient good skills in each of ###### areas and ######refore did n### require ######e-######-######e ######rapy. ###### ### was appropriate to ###ress ### ### needs since each ######rapi### would #### with ###### ###s and ###s, after assessing ###### child’s needs. ###### ###s and ###s are trained by ###### ######rapi### to ###ress ###### child’s ####, m###or and ### needs. ######ce ######y are in###ructed, ######y are able to work with ###### child throughout ###### day ###### how to ###lp ###### ###udent reach ### goals and ###reng######n ### problem areas. (Tr.253-255 and 258-260) (Exh. 4)
###### cross examinati######, #### c######firmed that #### #### ###### February 9th, ### ### IEP meeting and that #### was in agreement at that time for ###### child to receive individual ### of ###, ### and ###. #### acknowledged that #### was n### a #### ######rapi###. #### reiterated that #### believed ###### ### was appropriate for ###### ###udent because based ###### te### results and progress reports, ### skills were for ###### mo### part in ######### and ### range. #### acknowledged that ### #### perce###i###### was at a four ### and n###ed that ###### ### ### was four times a week; ###### prior individual ######rapy was twice a week. ###### ######rapi###s who provide ### work out ###### time based ###### setting up a sc###dule w###n ###### ###udent will be in ###### ###. ######, ###### ### are provided in ###### morning from 9AM to 11PM as determined by ###### ###udent’s ###s. (Tr. 263-266 and 268-269) (Exh. IHO 1)
#### explained that during ###### ####porti###### of ###### day that an ### would travel with ###. It is n### n###ed ###### ###### IEP because it’s a part of ###### model of ###### ### progra#### ###### related ###### provider is resp######sible for ###### goals cited ###### ###### IEP; however, every######e who works with ###### ###udent collects ### and charts ### progress throughout ###### day. Each team member provides ######ir ### and observati######al informati###### to ###### related ###### provider, who analyzes ###### informati###### and adju###s ###### ###udent goals in accordance with ### or ###r own informati###### combined with ###### input from ###### re### of ###### child’s team. Also, #### n###ed that ###### pers###### who accompanies ###### child to ###### #### r###ates; it may be an ### or ###### ### ###. #### admitted that w###n #### c######ducted ###r two observati######s, #### did n### reque### any ### from ###### ###. (Tr. 272-274 and 277-279) (Exhs. 4 and IHO 1)
###### re-direct, #### calculated ###### amount of ###### ###udent’s time allocated for ### and c######cluded it could be up to ###### ###### some days. ###### ### provides for ###### provider to work directly with ###### ###udent and to work directly with ###### re### of ###### ###aff who work with ###### ###udent. Also, ###### provider may at some time simply observe ###### ###udent being #### or reviewing work, ###### ### is broad in its applicati###### and involves every######e who works with ###### ###udent.(Tr. 318-319) #### spoke about some of ###### reas######s why #### did n### agree with ###### parents’ reque### to c######tinue ### pre-school program for an######r year. ###### ### would n### be age appropriate, since ###### ###### ### goes up to five years old; ###### skills ###ressed in pre-school ### has already learned and ###### skills that ### has achieved need to move forward to ###### next level.(Tr. 324-325) ###### re-cross, #### ###ated that ######re were two ### children in ###### proposed class; ### would have been ###### third child. ###### #### may have up to 22 children, some ### classes have 17 or 18 ###udents.(Tr. at 340)
#### te###ified that #### has a Ph. D in psychology and has a certificati###### in #### (###) and is a New York ###ate licensed ###. #### explained that a ### is a behavior analy### who ad###res to ###### guidelines from ###### #### Certificati###### Board, ###. As a behavior analy### #### assesses behavior for educati######al purposes and assesses problem ######. #### uses ### based and researc###d based approac###s to create or design interventi######s for children and to track ###### effectiveness of a program. #### has worked extensively with ###### ### populati######, various age groups, since 1990. Also, #### has worked with children and adults who have a variety of ### ###. #### has developed and run public and private programs designed for ### children; #### has developed ###s. ### has trained ###aff in ### ###, trained parents and taught graduate and undergraduate ###udents in psychology and ###. (Tr.401-403; 413-416 and at 422)
### presently works for ###### In###itute for Children with ### and Related### (ICA); #### has worked for ICA since 2006 and taught at Queens College since 1996. #### is an educati######al ####ant at ICA; #### provides ####ing ######s to schools, provides ###aff and ###. ###### witness has been providing ####ing ######s to ###### ### School Di###rict, ### school level, since ###, for ###### two ### classes. Also, #### has worked with ###### ###aff, ###### ###udents and ######ir parents. In ###iti######, #### ####s for children in ###### main###ream classrooms, who have a disability or who may have a behavi###### problem. (Tr. at 421 and 423-425)
#### was reque###ed to observe ###### ###udent in March, ### by #### ### and did observe ### ###### March 18, ### at a pre-school, for 45 minutes. ###### ###udent initiated and resp######ded to ### peers; ### made appropriate ###and n######-###resp######ses. ### made appropriate ### and mingled comfortably with ### peers without ######ing from ###### ### or ###. ### resp######ded well to ###### ###’s directi######s and ###ed from ######e activity to an######r. ### behavior was c######si###ent with ###### re### of ###### children. (Tr. 426-428 and 429-431) (Exh. 10) ### discussed ###### ####ing ######s that #### was providing for ###### ###aff and ###### ###udent’s proposed class; #### ####s to ###### ###, ###s and providers for approximately four hours weekly. #### ###ated that with a new class, #### fir### observes ###### ###aff and ###udents; #### would give sugge###i######s or recommendati######s to ###### ###aff ###### what to do w###n #### is n### ######re. #### creates materials, designs sc###dules and in###ructs ###aff ###### ######ing and cueing.
Also, w###n ###### ###udents are ####, #### would go to ###### class and #### with ###### ###aff in that setting.(Tr. 434-438)
In November, ###, #### made an informal observati###### of ###### ###udent in ### home, during a teaching sessi###### with ### ###. ###### purpose of ###### observati###### was to review ### current functi######ing levels; no report was written up. ### greeted ###r appropriately and made ###. ###### ###udent did n### display any type of ###ere###yped behavior associated with ### children; ### resp######ded to ###### ### and ###ayed ###### task. ### answered que###i######s related to ###### ###ory, with little assi###ance and was sp######taneous. #### cited ###### various documents that #### read prior to ###### home observati######. ### ###ed well from work to ###### break time and vice versa. #### saw no ######and ### engaged in appropriate play with ### br######r and adults. (Tr. 445-448; 450- 452 and 459-460)
#### compared ### to ###### ######r ###udents in ###### ### class, ### would fit in well and would be ###### ###### upper level of functi######ing in that class. ######### ### would be ###### par with ###### ###udents in ###### class and a little more advanced than some of ######m. ###### class would be appropriate for ### because of ###### supports and ###-child ratio. ###### program is set up for ###udents to ### successfully into ###; everything is individualized towards ### specific needs and is flexible enough to adju### ###### an as needed basis. ###### ### would be good for ### because it teac###s skills throughout ###### day and ###lps ### to generalize ### ability to learn from different pers######s.(Tr. 461-464 and 465-468)
During cross-examinati######, ### ###ated that #### works with an######r ###udent, outside of ###### ### classes. #### discussed ###### ###udents in ###### proposed class; ######e ###udent is #### for mo### of ###### day. ### is in ###### fir### grade and ### ###### skills are very good.(Tr. 515-518) ######re are two ###s in ###, who have similar academic and ###### skills. ######ir academic skills are below ### level and ######y are being taught prereading skills. ######e of ###### ###s has a behavior problem; ### cries, whines and screa#### ### can be ####such as throwing materials, pushing or attem###ing to kick adults and furniture. A functi######al behavi###### assessment (###) was d######e and a ### plan (###) was developed to ###ress ###### malada###ive behavior. ### ###### were observed, tracked and grap###d. ### has improved since Se###ember; ###### unwanted ###### have dimini####d sub###antially. ###### two ###s are #### for art, music, gym, lunch and recess. (Tr. at 520; 524-528 and 528-532 )
###### fourth ###udent is n######-verbal, ### is learning to ask for things and learning to identify and label items in ### envir######ment. ### academic skills are approaching ###### ### level and ### ###### behavior is below par. ### is toilet rained and ### does have some ###ere###ypic ###### such as ### patterns of behavior and ### makes n######c######textual vocalizati######s. ### is #### for ###### specials, lunch and recess #########. (Tr. 536-538) ###### ### ###udent suffers from seizure ####, ### is a fir### grader with roughly ### skills level. ### has ### skills; ### ###ruggles with communicating ### needs. ### will, scream and whine and kick to indicate what ### needs and wants. ### has a ### and a ######e to ######e ###. ### play skills are limited and ### is #### as ###### ######r two ###s, n### for academics. A sixth ###udent was ###ed later in ###### school year, #### is Spanish speaking and ###ruggles with learning English. #### was transferred from a regular ### class to ###### ###. Two of ###### six children #### believed were ###### ###### ### ###### and three were ### and ###### repaired and ###### girl’s classificati###### if any, #### did n### know. (536- 538; 540-542 and 544-545)
###### classroom ###s have a Bac###lor’s degree and have training in ###; #### has trained ######m. ###### School offers limited training ###### an annual basis.(Tr. 547-548) ### ### is used throughout ###### day, including ###. ### is ###, ### are d######e and all materials including ### is ke### in ###### ###udent’s binder. (Tr. 553-554 and 556-559) Excluding ###### fir### grader, who spends ###### majority of ### time being #### for subjects across ###### board, ###### remaining five are n### #### for any kind of academics.(Tr. at 566)
During ###### March, ### observati######, #### did n### see any ###ere###ypic ###### or ###al issues with ###### ###udent. ### appeared to have a rapport with ###### ###udents. #### did n### review any documents ###### ###### ###udent for ###### March observati######; #### reviewed several documents prior to ###### November informal observati######.(Tr. 569-570 and at 575)###### witness, ###### re-direct, ###ated that #### was able to assess ###### ###udent’s functi######ing levels in ###### areas of ######, ####, academic and management based ###### ###r two observati######s. (Tr. at 671) #### did n### observe any ### by ###### ###udent. ###### Di###rict did n### ask ###r to make a recommendati###### regarding ### placement.(Tr. at 674) #### ###ated that with regard to ###### ######r ### ###udents in ###### class, ### academic and ###### skills would place ### ###### ###### high end.(Tr. 685-686)
### te###ified that #### holds a Bac###lor’s in ### and ###### and a Ma###er’s in ###. #### has completed ###### course work to sit for ###### Board certified te### to become a ###. ###### ### holds permanent New York ###ate licenses in ###, ### educati###### and #### has a certificati###### for ### of ### and ###aring handicapped. In ###iti######, to ###### numerous courses ###### ### that #### took at Queens College, #### has been trained by ### and has attended over 40 c######ferences ###### ### over ###### pa### ten years. #### has worked for ### from 2005 to ###### present, as a ### ### of ###### K-1/2 ### classroom with a class ratio of 6-1-3.(Tr. 799-801 and 802-803)
Some of ###r duties entail creating IEPs, implementing IEPs and updating same for collaborating with ###### #######s, ###### providers and ###### ### ####ant. #### develops ###s and ###s and implements ###### behavior ###### that have been developed. #### was ###### ### for ###### proposed ### class for ###### fir### seven weeks of school; #### went out ###### maternity leave in October, ###. #### ###ated that every ###udent in ###r classroom has an assigned grade level #######. (Tr. 799-801 and 802-805) #### fir### became aware of ###### ###udent in March, ### w###n ###### Director reque###ed that #### join #### in an observati###### of ### in preschool. #### reviewed ###### March, ### observati###### report and c######firmed ###### accuracy of it. #### recalled that w###n #### observed ###, ###### ###udent played and interacted with ### peers with minimal ######s from ###### ###. ### was appropriately engaged in ######s with ### peers. (Tr. 806- 808 and Exh. 12)
#### opined that based ###### ###r observati###### and ###### written report of same, ###### ###udent would have been an appropriate candidate for ###r classroom. ### had ###### academic readiness skills needed to succeed in ###r class; ### knew ### letters and ####, as well as some sight words. ### ###### skills were good, ### interacted well with ### peers, ### ###### and c######centrati###### was good. ### could be #### successfully. #### did n### see any malada###ive ######; ###### ### said ### can be ####at times. Also, ###### ### ###ated during ###s sometimes ### would n### be compliant and sometimes ### can per###### ###### an activity. #### n###ed that those ###### could be ###ressed in ###### classroom; #### and ###aff would analyze ######m to determine ###### functi###### of ###### behavior and develop ###### necessary ###### to ###lp ### become successful (Tr. 808-812 and 813-816) (Exh. 12) #### n###ed if a behavior persi###ed #### would develop an ### and ###. (Tr. at 820 and at 824)
### ###ated that ###### ###udent would have attended ###r classroom for ###### and ######n spent ###### remainder of ###### school day with ###### main###ream classroom. #### explained that ###### IEP does n### indicate that ### would be #### because ###### IEP documents ### programs and ######s #########. ###### ###### children are #### initially during snack time, play time and ######r areas w###re ######re is less demand ###### ###### children. Mo### ###udents it takes six weeks before ######y are fully integrated into ######ir main###ream program. #### e###imated based ###### ###r observati######, ### would have #### a l### so######er. #### n###ed that ###### main###ream hours could be increased or decreased at any time to meet ###### ###udent’s needs. (Tr. 825-826 and 829-830)
#### explained that ###### ### has ###### ######rapi### come into ###### classroom; ######y meet with ###### ###aff and review ###### child’s program ####. ###### ######rapi### is able to see what ###### ###aff has been working ######, any problems encountered and w###re ###### ###udent is in terms of meeting ### IEP goals. ###### ######rapi### is able to make any adju###ments that may be warranted based ###### ###### ### presented. Also, ###### ######rapi### will #### with ###### ### and ###### ######r team members to ###ress any problems ######y may be having in implementing ###### goals. ###### ######rapi### has access to ###### ###udent to do any updating of ###r assessments and has ###### opportunity to observe ###### ###udent with different pers######s working with ### and in different envir######ments as well as engaged in different activities. ###### ### is a vehicle that allows ###### ###udent’s ###s and ###s to work with ### in achieving ### goals throughout ###### day under different scenarios. Individual sessi######s range from 30 to 45 minutes with ######e ######rapi### pushing in or out ###ing ###### ### goals for a short period of time in limited settings, until ###### next sessi###### is commenced. ###### ### c######tinues throughout ###### day with people trained by ###### ######rapi### to assi### ###### ###udent, it broadens ###### ###udent’s opportunity to progress. In ###iti######, if ######re is any behavior problem ### comes to ###r class weekly, for a half a day, to ###ress any problems and to assess ###### children in ###### main###ream classroom. ### is an active participate in every ### sessi######.( Tr.831-833 and 8######-836)
In comparing ### to ###### ###udents in ###### proposed class in October, ### #### e###imated ### was hig###r than some and ###### par academically with two ###udents, ###### ###### hig###r end. ### ###### skills would place ### in ###### middle w###n compared to ###### ######r six ###udents and so too would ### #### skills. ###### ###udent’s difficulty with processing informati###### is similar to some of ###r ###udents; ### would be right in ###### middle. ### sensitivity to loud ### can be ###ressed in ###### classroom. Two of ###r ###udents have ###### m###or needs; ###### ### ######rapi### would ###ress ### ###### m###or needs. #### n###ed that every ###udent in ###r classroom needed a highly ###ructured envir######ment and ###udents that main###ream need ###. ### behavi###### problems are similar to three ######r ###udents and could be ###ressed by ###### team and ###. (Tr. 847-850 and 851-853) (Exh. 4)
If a ###udent is being #### w###n a ######rapi### comes into ###### class an ### would be trained to follow up in ###### main###ream setting or if it happens a few times, ###### ######rapi### would change ###r sc###dule for going into ###### ### class to accommodate ###### ###udent. If ###### problem cann### be remedied as n###ed above than ###### IEP could be modified to offer direct ######. #### fur######r explained ###### ###, showing how ######e ######rapi### can #### with six children in ######e hour. ###### ######rapi### would work with ###### children as ######ir needs dictate; #### could work with ######e child ######### for ###### hour or two. It depends ###### ###### children’s progress at any given time. Ultimately ###### ####ati###### is provided to ###### ###s and ###s to train ######m to specifically ###ress each child’s needs.(Tr. 854-856)
###### cross examinati######, #### acknowledged that #### attended ###### ###udent’s IEP meeting, without ###### benefit of reviewing any of ### documents; #### did n### recall if #### reviewed documents at ###### meeting. #### was in###rumental in ###### ### present levels of performance at ###### IEP and #### was in agreement with ###### levels reported ###### ###### IEP. Although, some of ###### informati###### reported #### had n### observed, #### relied ###### ###### ######rapi###s and ###s comments because ######y had also n###ed that ### ######, ### performance and functi######ing levels are inc######si###ent. (Tr. 864-866) #### ###ated that ### ###### goals are taken every day for goals that are being targeted. (Tr. at 876) ###### ### said that #### does accompany ###### children sometimes to ###### ####setting to assess how well ######y are doing. (Tr. 878-879) #### explained in detail what a ### day in ###### ### entails; some children are #### 15 minutes after ###arting ###### day in ###### ### class. Some children are #### later in ###### day, for specials and all ###### children are back in ###### classroom around 1:50 in ###### afterno######. ###### ####es finish ######ir day around 2PM an hour earlier than ###### ### classes. (Tr. 886-888)
W###n queried again regarding comparing ###udents in ###r class to ###### subject ###udent #### n###ed that a fir### grader had hig###r academic skills than ###. However, ###### ###udent’s ###### skills were ###### par with ######r ###udents. ### gross m###or skills were probably ###### hig###### and ### fine m###or skills placed ### in ###### middle.(Tr. 889-890) ###### redirect #### explained ###### difference between w###n something is programmatic versus something recommended ###### an individual basis. If something is programmatic it is provided to all ###### ###udents in ###### class regardless of ######ir functi######ing levels. If something is recommended than it is to ###ress ######e specific ###udent’s needs. (Tr. 899-900)
### ###### te###ified that #### is a licensed ####al ######rapi### and has worked as an independent c######tractor for ###### ### since 2001. #### provides direct ####al ######s, c######ducts observati######s, screenings and evaluati######s. #### provides #### ######s to all ###### ### classrooms including ###### 6-1-3 ### class. In ###iti######, #### has been working as an independent c######tractor for an agency called Kidz ######rapy since 2005 in ######ir sensory m###or gym and as a home provider. (Tr. 1003-1005) #### spoke about ###### #### ######s #### provides in ###### 6-1-3 class and explained ###### difference between direct ######s and #### ######s. Direct ######s #### works with ###### child for a specific amount of time. #### ######s involves teaching ###### ### and ###aff to develop appropriate programs to ###ress each child’s individual ####al needs and ######n having ######m work with ###### child throughout ###### day to achieve ### ####al goals. Also, #### works with ###### ###udent to assess and reassess ### needs ###### an ######going basis. (Tr. 1006-1007)
#### ###ated ###r earlie### familiarity with ###### ###udent was as a participant at ### March, ### IEP meeting. Subsequently, #### met ### for ### annual review. ### IEP indicates ### should receive ### ###### a ###, four times a week, in thirty minute sessi######s, per ####. #### n###ed if #### did n### have enough time to provide ###### ######s for each child ######n ###r time in ###### classroom would be increased. #### reviewed ###’s ### progress report dated February 22, ###. #### said based ###### it and ###### discussi###### at ###### meeting, #### c######cluded that ###### #### ######s were appropriate. #### reviewed ### progress report and explained how providing #### ######s would ###ress ### deficits.(Tr.1012- 1015 and 1020- 1024)
#### ###### reviewed ###### child’s goals ###### ###### IEP and explained how each goal is designed to ###ress a deficit identified in ###### ### progress report and how it would be implemented in ###### classroom setting. #### n###ed that throughout ###### year ### is ### ###### ###### child’s progress and a review of how effective ###### programs may be or n### be working. At a minimum #### does ###andardized te###ing to get an idea how ###### ###udent compares to ######r children ### age. (Tr. 1028-1032: 1040-1043 and 1047- 1048) (Exhs. 4 and 28) #### acknowledged that ###### ####al ######rapi### is primarily resp######sible for assessing ###### ###udent’s progress. ###### ### and ###aff will report ######ir observati######s to ###r and sometimes provide ###r with samples of ###### child’s work. In ###iti######, #### is always assessing ###### child’s skills as well as reviewing ### and informati###### from ###### ###aff to evaluate w###n ###### child has achieved a particular goal. (Tr.1049-1050)
During cross examinati######, ###### ######rapi### acknowledged that #### did n### have a Ma###er’s in any area. #### work at C###rry Lane, from nine to three every day. N######e of ###### children in ###### proposed ### class are receiving direct ######s. (Tr. 1053-1056)#### ###ated that goals are adju###ed, after ###### fir### week of school based ###### observati###### of ###### ###udent and what ### may have ma###ered, ######n baselines would be formed. #### said that #### was unaware of what ###### prior ######rapi### covered during ######rapy sessi######s. #### ###### pu####s into ###### main###ream ### class, for ######e time per every ####, between 15 to 45 minutes. (Tr. 1082- 1083 and at 1089)(Exh. 28 )
Direct ######s are available in ### if ######y are warranted. ###### re-direct ###### ######rapi### ###ated that every######e at ###### meeting, in pers###### and via teleph######e had an opportunity to provide input. #### did n### recall any objecti######s being voiced. #### was n### c######tacted by any######e ######ce ###### goals were drafted and di###ributed. #### ###### did n### review ###### observati###### d######e by ###### ### and ###; #### relied ###### ###### ####al ######rapi###’s report to draft ### goals. (Tr. 1092 and 1096-1098) (Exhs. 12 and 28)
### has a Ma###er’s in ###/###### pathology and is certified by New York ###ate to teach ###### ### and ###aring impaired. #### discussed ###r professi######al background which c######si###s of several years experience as a ### pathologi###, providing ######rapy to children, some were ###### ###### ### ######. Also, subsequent to completing ###r academic ###udies #### has taken numerous workshops pertaining to ### children. #### has worked for ###### ### School Di###rict since Augu###, 2004, as a ### pathologi### in ###### middle school and high school. #### is a ####ant to ###### 6-1-3 class and w###n needed provides direct ######rapy to ###### ### school.(Tr. 1109-1113 and 1115- 1117)
As a ####ant to ###### 6-1-3 class, #### works with ###### ### and ###s; #### develops programs for each ###udent to work ###### ######ir goals. #### assesses ###### ###udents c######tinuously; #### observes ######m and evaluates ###### ###udents. Each ###udent has a program #### that c######tains ######ir IEP goals, ### ###### ###### ###udent and programs designed to provide a ###ep by ###ep in###ructi###### for ###### ###udent to reach ### goal. Sometimes #### will work directly with ###### ###udent to e###ablish a ###### or skill and ######n in###ruct ###### ###aff ###### how to follow up. (Tr. at1117)
If #### finds that a ###udent’s needs are such that individual ######s are required ######n ###### team would go to ###### ### and amend ###### ######s to ###ress ### specific needs. #### observes ###### children in ###### ###, in main###ream classes, ###### lunch room and playground to get a full picture of how each child is functi######ing across different domains and to observe ###### ###s interacting with ###### children. #### sits with ###### ### and ###s to go through in###ructing ######m ###### how to work with each child ###### each of ### specific goals, if need be, #### will work with ######m after class hours. #### has ### tracking forms that #### in###ructs ###### ###aff ###### tracking ###### children’s progress or lack ######reof. #### spends at lea### a hour daily in ###### class. ###### ### provides a vehicle for ### in###ructi###### throughout ###### entire day, by several pers######s in different venues. (Tr. 1118-1122)
#### reviewed ###### ###udent’s ### evaluati######, dated February 16, ### w###rein ###### ######rapi### reported ###### results of ###r te###ing and observati######s. ### reviewed ###### report and based ###### ###### ###udent’s ### which were essentially in ######### range, #### c######cluded that #### ######s were appropriate for ###. ### skills are adequate, ### needs to generalize ######m and apply ### skills appropriately in ### use of ######. #### n###ed in some of ###### areas that ### te###ed poorly, it may n### be related to ### disability, it may be ###.(Tr. 1125-1128 and 1129-1130) ###### pathologi### looked at ###### ###udent’s IEP goals and discussed how #### would be able to implement ######m based ###### reports, evaluati######s and by initial screenings that #### would do. #### looked at several goals and ###ated that #### would know what needs to be d######e. (Tr.1131- 1134)(Exh. 4) #### reviewed ###### ###udent’s progress report dated June, ### and ###### evaluati######; nei######r of ######m indicated that ### is ###. ######re was some indicati###### of a mild ### ###, which would be attributed to ### age. ### was four years, nine m######ths at ###### time of ###### evaluati######; it is ### for children at that age to sub###itute some ####. ### has difficulty with ###### #### of L and TH. A ###udent with ###would have a l### more ###### sub###ituti######s, di###orti######s and omissi######s. (Tr. 1139-1141 and 1142- 1143) (Exhs. L and 14)
###### cross examinati######, #### admitted that ###### evaluati###### did indicate ### had some issues with intelligibility and that ### received ###### ######rapy. #### explained that ###### ######rapy, involved touching ###### areas w###re ###### ###### comes from and showing ###### child how to produce ###### correct ######. It indicates that ### had ### issues. (Tr. 1143-1144)(Exhs. L and 14) #### said that some of ###### IEP goals required working with ### through trial and error to determine what ### had difficulty with and ######rs required going back to ### evaluati###### and reports to ascertain what #### ### ###ruggled with and what pr######ouns needed to be worked ######. #### provided a ### profile of ###### children in ###### 6-1-3 class in ###### areas of expressive, rece###ive and ###### skills. (Tr. 1149-1151 and 1153-1155) (Exh. 14)
###### re-direct #### ###ated that a ###udent who has ### problems is n### necessarily ###. #### resp######ded that ###### n######e of ###### reports or evaluati###### #### reviewed was ######re any menti###### of ###### ###udent being ###. ###### goals did n### need to be more specific because ######y are written m######ths a###ad of time before class begins. In ###### interim, ###### child may have ma###ered ###### skill and be ready for ###### next ###ep. ###### goals provide a general insight to ###### ###udent’s problems and ######n ###### assessments that #### c######ducts al######g with reports ###lp ###r to refine ###### goals and determine w###re to ###art. #### explained that training is ######going for ###### ###aff; every sessi###### in ###### class #### is providing training. #### was n### able to e###imate how much time was dev###ed to training. (Tr. at 1160 and 1163-1165)
###### holds a Ma###er’s in ### and has permanent certificati###### from New York ###ate (NYS) in b###h ### and ###. #### has been employed at ### as a ### since 1996. Currently #### teac###s a ####### class; ###r class follows ###### NYS curriculum. #### has taught ###### ### class since 2001. ###r familiarity with ###### ###udent is limited to ###r participati###### at ### ### meeting in March, ###, as ###### #######. #### looked at ### IEP, acknowledged it indicated ###### ###udent would be in a ### class, ###### daily. #### ###ated that although ###### IEP does n### indicate ### would spend ###### re### of ###### day in a ####setting, #### explained that ###### IEP ######### identifies ### programs and ######s. (Tr. 1178 to 1180 and 1182-1185)
###### child would be #### for ###### re### of ###### day, with an ###/###, in ######e of ###### five ####### classes; ###### ### decides which class each child goes to. #### has worked with ###### 6-1-3 populati###### for ###### pa### five years. #### opined that ###### 6-1-3 class placement was appropriate for ###### child based ###### ### academic functi######ing levels, ###, gross and fine m###or skills and ### ###### skills. Also, #### relied ###### input from ### ###### providers and discussi######s at ###### meeting.#### explained that ### academic skills were comparable to ###### children in ###r class, some had lower skills. ###r ### class would provide ###### ###udent with positive ### for ###, behavior and an opportunity to interact ######### with ###. ###### ### would facilitate ###### ###. ###### ### class would provide a small ###ructured envir######ment w###re ######y could preteach ###### skills being taught in ###### ####. (Tr.1190-1193)
Also, if ### acts out or engages in malada###ive ###### ### could be removed and return to ###### ### class until ### calms down. #### n###ed that ###r class works ###### ###### fine and gross m###or skills throughout ###### day. ######y are cutting out pieces for projects and journaling. ######y do movement in ###### classroom every day, such as dancing. ###### movement in class ###lps some children with ######ir ###. After ######y are moving about, some children are better grounded and become more ###ed. #### ###ated it seemed to ###r, ### would have fitted into ###r class since ### academic, ###### and m###or skills were similar to ###### children in ###### class. #### thought ###### ### was appropriate because it afforded ###### ###udent ###### opportunity to work ###### skills throughout ###### day with ###### assi###ance of an ###/###. (Tr. 1198-1201 and 1202-1203) (Exh. 4)
During cross examinati######, #### admitted that #### did n### know ### specific difficulty with processing sensory informati######. #### did n### know ### ###### m###or needs or ### ###. #### did n### c######sider an integrated co-teaching model. #### had ######e ###udent ######n who came from ###### 6-1-3 class during recess, lunch and snack time #########. #### does n### work with ###### ###### providers or ###### goals of children from ###### ### class. (Tr. 1206-1209) ###### re-direct #### n###ed that ###### providers have worked in ###r class, with ######r children in ###### pa###, who have pu####d in and spent more time in ###r class. (Tr. at 1219)
### has a Ma###ers in ### and ### educati######. #### is certified by NYS to teach b###h special and #######udents from birth through ### and ###udents from fir### through sixth grade. #### has taught children ### using ### ### and has provided home ######s through different agencies. #### has taught in numerous school di###ricts; #### has taught ### classes, sec######d through ### grade. Also, #### has worked with early interventi###### and preschool children using ### ######s. ###### ### has taken undergraduate and po### graduate training pertaining to children ###. Currently #### is working for ###### ### as a leave replacement ###, in a 6-1-3 class. (Tr.1221-1224 and 1226-1228 and at 1230)
###r duties as a leave replacement ### requires ###r to attend ### meetings, maintain ###### ###udent’s ### and ###. ###### ### c######tain ###### skills ###### ###udent is currently working ###### and all ### IEP goals. ### is ### and grap###d in ###### ####. ###### ### c######tain ###### skills that ###### child has ma###ered. #### described ###r classroom; all six of ###### children are #### for lunch and recess. Some of ######m are #### for snacks; two are #### for specials. All ###### ###udents receive ### ###### a ###; all receive ### and ###. Four of ###### ###udents receive ###. #### assigns ###### ###s to work with a child for a half a day; ###### remaining half of ###### day, ###### ### will work with an######r child. Some days ###### ### will work with ######e child, it varies depending ###### how many children are #### and w###n ######y are ####. ######re are three ###s in ###### class; ######e ###udent has a #### ###. ###### class c######si### of ### and fir### grade ###udents. ###### children work toge######r determined by ######ir skill levels; ######y are split by grade level. (Tr. 1234-1237)
### is provided every six weeks ###### an individual basis; #### and ###, ###### behavi###### ####ant, meet and discuss each child’s targets, review ######ir maintenance #### and cover behavior ######. ######y meet for ######e hour. ###### children are #### based ###### ######ir skills and grade level; each child is assigned to a #### by ###### admini###rati######. ###### ### and ###### ###s work ###### ###### ###udent’s goals throughout ###### day; ### is ### and recorded in ###### child’s target ####. ###### ### and ####al ######rapi### collect ### and ###; ###### #### ######rapi### does n###. #### referenced a ### goal explaining ###### ######rapi### is primarily resp######sible for charting ###### ###udent’s progress and adju###ing goals as needed. ###### ######rapi### and #### communicate daily in ###### classroom. Also, ###### provider is available via email. (Tr. 1237-1239 and 1240-1242) (Exh. 4)
###### ### discussed in detail how ### compared to ###### ######r ###udents in ###r class. ######re is ######e ###udent who has very similar skills as ### in math, intellectual ability and in academic readiness skills. All of ###r ###udents require a highly ###ructured envir######ment; all of ######m have varying ###### and #### issues and need to develop better ###### skills. ######y are all good at parallel play and ###ruggle interacting appropriately with each ######r #########. ###### skills are worked ###### daily, such as turn-taking skills, ###### ###ories are read to ######m and ###### skills are taught. Two of ###### ###udents are diagnosed with ###; three ######r children exhibit ###### ###. ######re are two children in ###### class that are sensitive to ###; ###### ####al ######rapi### has designed sensory diets to be implemented in ###### classroom for some of ###### children. All ###### ###udents have picture sc###dules throughout ###### day to ###lp ######m with ###s. Several behavi###### ###### are utilized throughout ###### day to keep ###### children ###### task. Token boards, point sy###ems and ###ickers are some of ###### positive reinforcement ###### employed to encourage ###### children to ###ay ###### track; ######y are given different rewards for accumulating ###/###ickers/tokens.( Tr. 1243-1247; 1250-1253 and 1256-1258)
######re are several children in ###r class that present with ###; #### has a ###udent that engages in ###### same disru###ive ###### as ###. ###### ###udent lies ###### ###### floor, throws and kicks nearby things and ### is also removed from ###### class. A couple of ######r ###udents sometimes exhibit poor ######. All of ###### ###udents ###ruggle with ###ing and changes in ###### routine; ###### picture sc###dules ###lp to reduce ######ir ######. #### ###ated ###### child’s functi######ing levels; ### goals and needs are very similar to ###r ###udents. #### n###ed that if ###### ###udent was out w###n ### was to receive #### ######s #### would bring ### back in ###### classroom.(Tr.1260-1263)
###### ### e###imated that ###### ### are used a hour or more in ###### morning and about a hour and a half in ###### afterno######. ###### ### are d######e ###### Tuesdays and Thursdays for approximately ###### same time as ###### ###. #### described a ### day for ###r class, in ###### morning ######y unpack and come to ###### center table. At ###### center table ######y do ###### morning calendar, circle time and sing s######gs. ###### children who leave for specials go around 9:15 AM to 9:55 AM. Next, ######y do ###### target and ### depending ###### ###### day until 11AM and ###### four ### ###udents go to lunch and ######n to recess at 11:30AM. Some of ###### children are #### at 11: AM and an######r at snack time and ######n ###### two fir### graders go to lunch around 12:30 PM. ###### children return to ###### classroom for ######ir ####ing ######s. In ###### afterno######, group activities or ###s are d######e. Some ###udents are #### for specials or snack time. ###### ### ####ant comes in ###### around 10AM for ######e hour exce### Fridays #### comes in ###### afterno######. ###### ####al ######rapi### comes in ######ce a week around ###### same time as ###### ### ######rapi###. ###### #### ######rapi### comes in twice weekly around twelve-ish. (Tr. 1268-1269 and 1270 -1273)
###r knowledge of ### is solely based ###### ###### March, ### IEP, #### was n### able to ###ress any specific issues regarding what loud ###s that ### has issues with or what specific ### ### had. #### n###ed that ######e of ###### classroom ###s had a Bac###lor’s in psychology and ###### ######r is a certified ###. ###### third ###’s educati######al background was n### known. ###r knowledge of ###### ###udent’s goals is ###rictly from ### IEP. (Tr. at 1306 and 1308-1310)
###### PARENTS’ CASE
###### parents were represented by Chri#### Thivierge, Esq. of Thivierge and R###hberg, PC.
###### parents’ fir### witness was ###, a ### and ###### pathologi### who has worked with ###### ###udent since February, ###. #### has a Ma###er’s of science in ###/###### pathology and is ###### certified, fir### level. ###### pathologi### has worked for ###### School for ###### and #### Development (SLCD) as a ### pathologi### for ###### pa### four years. ######re, #### c######ducts evaluati######s, does diagnoses, recommends ######s and provides ### ######s. In ###iti######, #### provides ### ######s for Kids Fir### an agency w###re #### fir### met ###### ###udent who remains ###r ######### client from that agency. #### sees ###### ###udent twice a week, for two 45minute individual sessi######s. ###### ###udent was also receiving ### ######rapy from Patricia ####, three times a week, for 45 minute individual sessi######s.(Tr. 1319-1321)
###r initial impressi###### of ###### ###udent ######n was that ### dem#########rated significant ### errors, di###orti######s, omissi######s and sub###ituti######s. ###### ###udent ###ruggled with using appropriate grammar to formulate grammatically correct sentence. In ###iti######, ### ### was poor, ### was n### c######si###ent and ### ###ruggled with ###aying ###### topic and ###ing from ######e topic to an######r. ### had difficulty with verbally expressing ### wants and needs appropriately. Some of ###### areas that ###### pathologi### worked with ###### ###udent ###### were regular and plural nouns, ######al turn taking, asking appropriate que###i######s and answering WH que###i######s. #### wr###e an annual review a m######th and a half later, after #### began treating ###### ###udent, for ###### March, ### ### review. #### reviewed #### ####’s report prior to writing ### annual review; #### found ####’s evaluati###### and te###ing to be in line with ###r findings. #### attended ###### March, ### ###/### meeting, ######re was no break between ###### ### from ###### ### segment to ###### ### comp######ent. At ###### meeting, ####### ###ated that #### was unfamiliar with ###### ### but expressed c######cern regarding ###### dra###ic change in ### ######s. #### recommended ###### c######tinuati###### minimally of ######e individual sessi######. #### did n### recall any discussi###### regarding IEP goals. (Tr.1322- 1325 and 1331-13######)
###### Di###rict recommended placement, in a 6-1-3 ### class; b###h ###### ### and ###### parents expressed doubt about ###### placement. No ######r placement o###i######s were ###ressed at ###### meeting. During ###### ###### of ###, ###### child’s behavior became an issue, ### ###arted to become n######compliant. It was difficult to ### ###### ### goals because ###### ###udent did n### want to engage in clinician-directed activities; ### would tantrum if ### felt ### was n### in c######trol of ###### sessi######. ### ###### IEP c######tinued ###### five weekly sessi######s of ###. In ###### fall, #### c######tinued to work ###### ###### IEP goals and ######r ###. ###### ###udent made progress with ###### pr######oun goals, ### ability to recall and sequence events from a ###ory presented ######### improved and ### was able to use irregular plural nouns correctly in sp######taneous ###. ### c######tinued to ###ruggle with irregular pa### tense verbs, ###### TH ###### and with recalling real life events .Over ###### ######, ###### ###udent made minimal progress due to ### n######compliant ######. However, ### behavior improved over ###### school year and ### made progress accomplishing ### goals. (Tr.13######-1338 and 1339-1341)
###### ###udent c######tinues to need assi###ance with ### ### and #### skills in order to interact appropriately #########. ### needs to work ###### ### and ### interpers######al neg###iating skills. ####### reviewed ###### IEP goals; #### would have recommended a l######ger period of time dem#########rating success with several of ###### goals and n###ed that ###### ###udent had ma###ered a couple of ###### goals.(Tr. 1348- 1349)
####### te###ified that #### was licensed and certified as a ### pathologi### in 2008. #### works with 16 ###udents at SLCD, all of whom are classified as a preschooler with a disability or ### and ###### impaired. Five of ###### ###udents are ###. ###r training regarding ###udents with ### was limited to two three and a half hour seminars ###### ### and two ######r courses that ###ressed ### as a comp######ent of ###### training. (Tr. 1######2- 1######4 and 1######6-1######8) #### has n### given any workshops or presentati######s ###### children with ### or publi####d any articles regarding children with ###. At SLCD, #### provides direct ######s to ###### ###udents and ####s with ###### ### and ###s. #### ####s with ###### ### and ###s because working as a team is beneficial for ###### child. #### hopes that ###### ### and ###s will c######tinue to implement ###### ######rapy throughout ###### day.(Tr.1######4-1######7 and 1######9-1361)
#### reviewed ###### te### results admini###ered by #### ####. #### acknowledged that ###### ###udent’s ### mo###### fell into ######### to high### category; ###### ###udent ######### scored ### in ###blending. ####### in ###r sec######d review of ###### IEP goals n###ed that #### was n### prevented from speaking at ###### meeting and that looking at ###### goals #### would know how to implement ######m. Moreover, #### was n### sure w#########r #### would have been so critical of ###### goals at March, ### meeting ######n as opposed to now, since #### had ######### worked with ###### ###udent a little over a m######th.(Tr. 1362-1364 and 1371-1374) (Exhs. 14 and 30)
####### agreed that if ###### ###udent would have been pu####d into ###### main###ream envir######ment ### would be able ###### ###### correct behavior for turn taking, for ### and ######al skills. Also, ### would have modeled ###### ### of ###### ###### ###### ###udents. #### admitted that during ###### IEP meeting #### did n### voice any disagreement with any of ###### recommendati######s; #### did n### do so afterwards.(Tr.1384-1386 and at 1387)(Exhs. 30 and 4) ###### re-direct, #### ###ated that SCLD provides at lea### three days of training every year. ###### ### pathologi### reserved ###r opini###### regarding ###### ### because #### would need to see it implemented, however, #### ###ill felt a need for some kind of individualized ######rapy. (Tr. 1396-1398)
###### ### ### holds a doctorate in psychology and has a ### license from infancy to ###. #### also provides direct ####ing in ###. ###### ### has been employed by ###### In###itute for ###### ( ###### In###itute) for ###### pa### eleven years; #### holds two part-time positi######s at ###### In###itute. ###### In###itute is a research facility in ### ###. ######re is a clinic within ###### In###itute w###re patients are treated with ### ### of all ages. In ######e of ###r positi######s, #### is a research scienti###, #### sees patients and does ###ate-of-###### art ### evaluati######s, diagnose young children. #### performs a series of te###s, follow ###### children over time and make recommendati######s based ###### ###### ### ### and ###### informati###### obtained from ###### evaluati######s. In ###r ######r positi######, #### is c######sidered ###### ### expert and sees people with ### ### who have behavior issues. #### makes behavi###### recommendati######s. In ###iti######, #### works with ### children in ######ir homes using ###r ### license to provide ### ######s. #### explained that in ###r research positi######, #### is seeking to detect early signs of ###### ### #### and trying to diagnose it as early as possible.(Tr. 1408- 1410 and 1411-1414)
Research has e###abli####d that applied #### is ######e of ###### mo### effective treatments for individuals with ###. #### explained that an ### diagno###ic observati###### sc###dule (###) is a clinical tool as well as a research tool, which allows you to look at various ###### of a pers###### suspected of being ###### ###### ### ###### and apply an ### to make a ###. #### recalled that ###r initial evaluati###### of ###### ###udent was in 2008; ### was three years-two m######ths. ###### ### evaluati###### took approximately two hours; it was c######ducted in two different roo#### ######re are several key areas you look at which are ###### areas of deficit ###### seen in pers######s with ###. ###### areas are ####, ######izati######, ### behavior and how ######y play. In ###### area of #### you look at how ###### child communicates. ### used mo###### single words, ### did n### use ge###ures and occasi######ally w###n ### pointed to something ### made ### with ###### item.(Tr.1419-1423) (Exh. E)
In terms of ######izati######, #### explained you look for ############ ###### such as if ###### child initiates, does ###### child show things and w#########r ######re is ###. ###### ###udent during ###### evaluati###### did n### resp######d to ### name ###### ###### fir### three attem###s; ### did n### engage with ### m######r or ###r #########.
###### ###udent did n### show or give any toys to ei######r ###### examiner or ### m######r. Some of ###### more obvious behavior deficits that pers######s with ### exhibit is that ######y do ### use communicate, ### is difficult and ######ir inability to share ###i######s with ######. Children ### play with toys in a ### way. ######y will spin ###### w###els of a car, bang something or bang a toy ######. An######r sign of ### may be unusual ###. An example of unusual sensory behavior may well entail ###### child picking up a toy or object and bringing it up to ### face or putting ### face down ###### a table to see an item, close #### inspecti######. ### acti######, such as flapping ### arms or tapping would be an######r indicator. ###### deficit ###### are given a numerical value in each area of c######cern and certain numbers meet ###### criteria for ### ######. ### met ###### criteria for ### ###### using ###### ###. (Tr. 1426-1430 and at 1431)
An######r evaluati###### #### used was ###### ### behavi###### inventory, which entails giving ###### parent and a ### a form to fill lout regarding ###### child’s behavior in two different envir######ments to come up with an ### composite score. ###### a child with ### will score somew###re in ###### 40-60 range. ###### ###udent’s overall score was 57 according to ### parent and 41 according to ### ###. Usually ###### ### are more closely aligned, however sometimes children will act differently in different envir######ments. ###### ### is based ###### ### from children with ###.(Tr. 1432-1434 and 14######-1436) Also, #### used ###### ###Ada###ive Behavior Scales which examines a child ada###ive skills over time. ###### is normed based ###### ###### ###### children. An### score for an### would be child around 100; ### scored below ###### normal range of ####. #### diagnosed ###, ### had ### n### ######rwise specified ( ### NOS ).( Tr.1436-1437)
###### ### discussed how #### arrived at ###### number of hours of ######s #### recommended for ###### child. #### explained that ###### #### recommends as many hours as possible to fit in ###### child’s day. ###### reas###### being that w###n children with ### are n### engaged in ###ructured activity ######y will engage in ### behavior. #### recommended a ###, a ### itinerant ### trained in ### because using ###### science has proven to be mo### effective. ### are n### ###### trained in using ###.(1437-1439) #### recommended that ### get intensive training in a #### envir######ment with an ### trained ### at home and ######n attend a preschool program with a ### with ###### ###### children so that ### can practice ###### skills ### learned at home with ###### ###### ###### kids. Also, ###### coordinati###### between ###### ### and school is important for ### of skills across different domains.(Tr. 1443-1445)
###### ### did a follow up behavi###### evaluati###### ###### March 23, ### and again admini###ered ###### ###. ###### time ###### ###udent met ###### criteria for ###, n### ### ######. ###### difference between ###### initial evaluati###### and ###### subsequent may mean ######### that ### did a little worse that time. ###### sec######d time ### had two or more word phrases versus ###### earlier te### which ### used ######e and two word phrases. ### ###ill did n### offer any sp######taneous informati###### about
#########. However, ### did use ge###ures and directed some facial expressi######s.(Tr.1452-1454; Exh. D)
In ###iti######, ######re was a significant increase in ### ritualisms and resi###ance to change. #### explained that ### score was ### for a child with ### which is why #### ###ed ###### #### ###### to ###r diagno###ic impressi######s. #### discussed why ###r recommendati######s were for ###### c######tinuati###### of ###### ######s ### was receiving. #### n###ed that ### is ###### recommended for children with ### and an intensive interventi###### has been shown to be effective. ###### child needs that level of ######s in order to progress. #### recommended b###h an in ### and a school program because ###### combinati###### of b###h tends to improve a child’s performance. In particular, ### has been successful with ###### type of intensive interventi###### as evidenced by ###### ### #### has been tracking ###### ### since 2008 to ###### present. #### recommended a c######tinuati###### of ### ######rapy, with an emphasis ###### ###### ### skills because #### has observed ### directly during ###r evaluati###### and ### skills were less than that expected for a child ### age. (Tr. 1697- 1700; Ex. D)
###### cross –examinati######, ###### ### te###ified that #### dev###es tens hour each to ###### clinic and to research at ###### In###itute for ###### (IBR). #### works an ###iti######al fifteen hours for ###### New York City Department of Educati###### (DOE) as a ### ### Support ######s provider (SETSS). #### ###ated that ###r fir### meeting of ###### ###udent occurred in July 2008; #### evaluated ### ######n. #### has never provided ######s for ###. ######re were two ###iti######al meetings after ###### initial ######e, March ### and December, ###. Each meeting la###ed approximately two hours. #### explained that ### is a ### based ###### a science; #### is ###### science. (Tr. 1705-1708 and at 1709) #### acknowledged that w###n #### prepared ###r March, ### evaluati######, #### did n### send any written #### to ###### Di###rict or c######tact any######e ######re or observe ###### proposed program. #### acknowledged that #### was n### familiar with ###### credentials of ###### proposed ###s and ###s nor was #### familiar with ###### class profile of ###### recommended class. #### did n### observe ###### ###udent outside of IBR. (Tr. 1714- 1717)(Exh. D)
#### admitted that w###n #### recommended ###### c######tinuati###### of ### ### ######s, #### had n### reviewed any ### or reports prepared by ### ### nor had #### observed ### working with ###### ###. Also, #### did n### know ###### ###’s credentials. #### ###ated that ###r recommendati######s were based primarily ###### ###### ### ### (###BI) que###i######naire forms created by IBR, filled out by ###### parent and ###### ###udent’s ###. #### ###ated that ###### children with ### do n### imitate and #### did n### know if ### were #### that ### would be able ###### ### ####peers. (Tr. 1748-1752) (Ex. D) #### reviewed ###r July, 2008 evaluati######; #### ###ated that ###r direct observati###### was doing ###### admini###rati###### of ###### ###, in ###### observati###### room. At no time had #### observed ### interacting with ######r children. ###### ######### document that #### reviewed while observing ### was ###BI. (Tr. 1753-1754; Exh. E)
During cross examinati######, ###### ### te###ified that in some domains as reported ###### ###### ###BI ###### difference in ### between ###### parent and ###’s observati######s may be attributed to a difference in ###### envir######ment or something else and n### because of ###. An example of a difference in envir######ment would be imaginative play ###### at home, it depends ###### what‘s available in ###### envir######ment to play with. However, ###### domain ###ressing empathy would n### be subject to envir######mental changes, ei######r ###### child will exhibit empa######tic behavior or n###. #### explained that ### of a skill/behavior is ###### ability of ###### child to perform ###### same skill with different pers######s and/or in different envir######ments. #### resp######ded that ###r recommendati###### for an in home intensive ### interventi###### for a minimum of 20 hours was based ###### ###### child’s ### of ### NOS (###) and n### ###### ### functi######ing levels. (Tr. 2360-2362 and 2373-2374) (Exh. E)
###### re-direct, #### explained that ###### difference between ###### ###BI and ###### ### is that ###### former is filled out by ei######r a parent or ###. ###### ### is c######ducted by an evaluator directly. #### ###ated that had #### known ###### proposed class profile and ###### ###aff’s credentials, it would n### have changed ###r recommendati###### for ###### ###udent in March, ###. #### fur######r ###ated that intensive ### interventi###### is ###### recommended interventi###### for a child ###. (Tr. 2378-2379 and 2381-2382) ###### re-cross, #### explained that ###r recommendati###### was based ###### ###### fact ###### ###udent is diagnosed with ### NOS that ### should receive intensive ### in###ructi######.(Tr. 2384-2386)
### te###ified that #### holds a Ph.D. in clinical psychology, is a ### at ###### Doc######### level (###D). #### is a licensed ### in New York and Kentucky. #### has worked for ###### pa### seven years doing private practice in ###### as a ###, in ###### areas of clinical psychology and ###. #### has worked for public schools, private schools and in home settings providing ####ati###### ######s. #### has c######ducted assessments of ###udents for programming needs and behavi###### needs. #### has d######e ###s, written ###s, ### ### and is able to provide psych######rapy. #### has publi####d articles ###### ### #########. (Tr. 1478-1481)
### ###ated that ###### m######r initially c######tacted ###r in April, ###, to observe ###### ###udent to determine what ### needs were programmatically and to develop a behavi###### treatment plan. ###### 4/13/10 #### observed ### at home doing ### home based, 1:1 ### sessi######. ###### ###udent was friendly; ### was working mo###### ###### academic goals, some ###### goals. #### recommended moving from academic goals, which are a ###rength for ###, towards ###ing more ###### ### deficit areas such as ######, ###### and play. ###### home observati###### was about a hour and a half. Next, #### observed ### in ### preschool setting ###### April 21, ###; ###### observati###### was about two hours. ###### same deficits that were present in ###### home c######tinued in ###### school setting, mainly ### ###### and play skills were ### as was ### ###### skills. ### tended to engage in isolated play; ### needed ######ing to interact with ### peers. ### interacti######s with adults were better. ( 1482-1485 and 1486-1488) (Exh. C)
#### reviewed ### program and made several recommendati######s based ###### what #### c######sidered to be ### areas of deficit, gleaned from ###r two observati######s. #### sugge###ed that a general shift towards prioritizing ######, ###### and play goals be implemented as well as a formal behavi###### treatment. #### recommended ###### goals with an emphasis ###### teaching ### to recall ###### sequence of events in a ###ory and to recall activities that occurred earlier during ###### day. #### recommended drafting goals that would ###lp ### identify and verbalize what ### feelings are w###n presented with certain situati######s. ###### ###udent needed to develop ###### ability to infer things that were n### explicitly written in a passage or ###ated; inference goals were part of ###### recommendati######s. ###### ###udent’s interacti###### with ### peers needed improvement; ### needed to increase ### reque###ing with peers. #### recommended a token sy###em, be implemented to m###ivate ### to ask que###i######s or make reque###s of ### peers, which would facilitate and expand ### interacti######s with peers. ###### ###udent had difficulty using pr######ouns and verbs correctly, #### recommended ###### use of grammar games.(Tr. 1503-1507 and Exh. C)
### made recommendati######s directed at improving ###### ###### skills and ###### intraverbals skills. #### defined intra###as w###n a pers###### makes a ###atement and ###### pers###### to whom ###### ###atement is directed is expected to fill in ###### blank. An example would be a comment made such as red, white and blank; ###### answer would be blue. ###’s ###### and play skills needed to be fur######r developed so that ### would be more resp######sive to comments/in###ructi######s from peers. Some recommendati######s were made to reduce ### tendency towards isolated play, by encouraging ### to ask ### peers to look at what ### was doing or a product that ### was creating. Also, imaginative play plans should be developed, acting out scenes with acti###### figures. Role play is an######r effective ###rategy for teaching ###### skills through repeated re###arsal, providing a scri###, with ###### appropriate resp######ses to ######al interacti######s. (Tr. 1508-1510 and 1511 to 1512)
In ###iti######, #### recommended a formal behavi###### treatment plan w###re b###h ###### parents and ### team sign off ###### it. ###### plan would target ###### that were significant at ###### time including vocal ###ere###ypy, hand ###ere###ypy, in###### and defiance. (Tr. 1513-1515)(Ex. C) ###### ### c######ducted a sec######d observati###### of ###### ###udent in ###### home, it la###ed about a hour and a half. #### was c######tacted by ###### Di###rict and told prior to ###### sec######d visit that #### was n### to go to ###### home without ###### Di###rict’s ####ant, ###### ###. #### complied; #### n###ed that ###### ###udent had made gains since ###r initial observati######. However, #### opined that ### would have more gains if more of ###r recommendati######s were implemented. ###### home team ######### implemented those recommendati######s that did n### deviate from ###### IEP goals. ###### ###udent’s behavior ###ill included inappropriate ###s and hand flapping; #### did n### observe any ###s.(Tr. 1518-1520)
#### opined that ### home and preschool programs were appropriate. ###### preschool program provided ### with an opportunity to act ###### ###### ######izati###### goals and academic skills ### was being taught in ###### ###. ###### ### with ###### pre-teaching allowed ### to work ###### ### ###### and academic goals in a ######e –######-######e setting, which was comfortable for ###### ###udent. #### opined that ### should be #### versus being placed in a ###### c######tained class. ###### ### would be too re###rictive and ###### peers in ###### class would n### have ###### ###### skills ### needs to be obtaining and modeling. Often times those classes have children with problem ###### and ### would probably imitate those ######. ###r sec######d observati###### fur######r ###reng######ned ###r opini###### that ### should be ####. (Tr. 1522-1524)
### reviewed ###### ###udent’s March, ### IEP goals, 1-20 and 27-34; #### ###ated more than 30% of ###### goals were ma###ered by April, ### and an######r five goals were ei######r n### clear or vague. #### believed of ###### 28 goals reviewed, approximately 8 were appropriate and ###### remaining goals #### opined were too advanced. #### n###ed that ###### IEP was ###avily ###ed ###### academics as opposed to ###ressing ### deficits in ######, ###### skills and play skills. Moreover, ###### IEP failed to ###ress ### ###### that were problematic, such as vocal ###ere###ypy, hand flapping, in###### and aggressi######. (Tr. 1527-1528; 1534-1537 and 1542-1546)(Ex. 4)
###### cross examinati######, ###### ### admitted that New York ###ate does n### obligate ###### Di###rict to follow programming recommendati######s made by an outside ####ant. #### has n### pers######ally implemented any of ###### programs #### recommended in ###r report, with ###. (Tr. 1565-1567 and 1568-1571) #### has spent a ######al of five hours observing ###### ###udent between school and home.(Tr. at 1575) #### ###ated ###### m######r retained ###r to review ###### ###udent’s ### programming and ### goals. ###### m######r expressed c######cern over some of ### ######; #### did n### menti###### anything about bringing a due process proceeding again### ###### Di###rict.(Tr. at 1584) #### did n### review any documents prior to c######ducting ###r observati###### in ###### preschool.(Tr. at 1593)
###### ######### time #### observed ###### ###udent engage in ### was during ###### preschool observati###### w###n ### forcefully grabbed a toy from ######e of ### peers. However, #### did observe fir### hand ### misuse of pr######ouns and prepositi######s and that ### often isolated ######### from ###### re### of ###### ###udents. In ###iti######, #### saw ### engage in hand flapping and vocal ###ere###ypy during b###h home visits. . (Tr. 1608-1610 and 1617-1619) #### c######ceded that ###### pre-teaching did n### necessarily have to take place at home but opined that ### needed about five hours of pre-teaching a day. #### admitted that #### knew n###hing about ###### proposed program at ### or anything about ###### ###aff and ###### ###udent profiles of ###### proposed classes. (Tr. 1639-1642) ###### witness te###ified that of ###### 16 documents that were relied up###### to develop ###### March, ### IEP as li###ed ######rein, #### reviewed four of ######m. #### ###ated that #### relied ###### ###r observati######s as ###### basis for ###r critique of ###### IEP goals. (Tr. 1648-1651 and at 1661)
###### witness acknowledged that benchmarks ###### an IEP are ######### required for a ### IEP or for an alternative assessment. #### acknowledged ###r mi###ake in referencing same with ### proposed ### IEP. #### reviewed several of ###### goals; #### admitted that some of ######m that #### had referenced as previously ma###ered were n###. #### resp######ded that ###### some of ###### goals, #### had relied ###### ###### ###’s report. (Tr. 1671-1674)(Exh. 4)#### c######ceded that ###### some of ###### goals that required ### engage in a certain activity ###### three c######secutive occasi######s, #### had seen ### complete ###### activity ######### ######ce. #### assumed that ### would was able to achieve ###### goal with ### ###, two ###iti######al times since ### was able to do it with ###r, a novel pers######. Based ###### ###r experience with ### children, it was reas######able to expect ### could do it three times in a row. (Tr. 1779-1781)(Exh. 4 and 52)
### explained ###### redirect that ###r opini######s, regarding ###’s proposed goals, were based ###### ###r direct observati######s and ###r n###es. In ###iti######, #### reviewed progress reports, ###### Child Neuroscience Lab, ###### neuro### report, ###### ### and ### program ####. (Tr. at 1805) ###### re-cross, ###### witness identified ###### reports provided to ###r by ###### m######r as supplemental materials to develop ###r program review.(Tr. 1815-1817)
###, is a certified New York ###ate #######, Math ### 7through 12 and ### ###; #### is a ### (###) at ###### doc######### level. #### has worked in ###### field of ### for 18 years.(Tr. at 1831 and at 1839) #### was initially c######tacted by ###### m######r in at late December, ###, to review ### program, to observe ### in school and at home.( Tr.1857-1858)
#### c######ducted ###r initial observati###### at ###### ###udent’s pre-school, ###### January 28, ###, from 1:10-2:30pm. #### met with Julie Tuifel, ###### ###udent’s ###, Barbara Zaino, ###### classroom ### and Denise Cole, school director. #### summarized ###r findings and recommendati######s in ###r report dated February 13, ###. #### discussed ###### school observati######; ### was in a classroom with eight ###udents. ### gave ###r some background informati###### regarding ###### ###udent’s tendency to isolate ######### from ### classmates, ### obsessi###### with cars and ### occasi######al behavi###### disru###ive behavior, such as throwing objects, such as a chair. ###### ### shared with ### certain classroom rules #### put in place to keep ###### ###udent engaged with ### peers. ###### ###udent had to be in an area w###re ######re were at lea### two ######r children and ### had to be next to at lea### ######e ######r child. ###### rule was e###abli####d to ###op ###### ###udent from isolating ######### from ### classmates #### n###ed if ###### ###udent ### ###### playing with cars, #### will redirect ### to an######r area of ###### classroom. . (Tr.1860-1861)(Exh G)
### ###ated that #### did observe ###### ### redirect ###### ###udent away from ###### cars. #### observed ### interacting with an######r ###udent; ### went right up to ###### ###udent’s face. #### commented that ### needed to learn to maintain pers######al space. ### ###ed smo###hly from ######e activity to an######r. ### interacti###### with ###### ######r children was very limited; ### played near ######m, n### with ######m. ### did resp######d to ###### children; ### li###ened to ######m. Also, ### would imitate what ######y were doing.(Tr.1864-1866; Exh. G) Based ###### ###r observati######, #### ###ated that ### was a child right ###### ###### edge; ### did n### bel######g in a ### class nor could ### manage a #### ###### ### own. #### c######cluded ###### ###udent had a l### of p###ential and was cognitively ###### track with ### peers. However, ### has a l### of interferences, some of which are n### outwardly visible. (Tr. 1860-1864and 1871-1872) (Exh. G)
Next, #### observed ### at home from 2:45-4pm; ### remembered ###r from school and greeted ###r appropriately. ### talked a l### at home and showed a greater ability to interact independently. #### reviewed ### program #### and observed ### during a ### sessi######. ### program #### targeted ###### skill development, included a handwriting program and ######r skills ### would need at school. It also targeted some of ### deficit areas, including scri###ed ######s, ### and pr######oun use. ###### #### targeted certain ######, ###### n######-c######texual vocalizati######s, scri###ing and n######-related body movements such as humming and clapping. #### reported that ###### ###udent presented with appropriate academic skills but was deficient in ###### skills and had ###### ######. ###### mo### prominent ###### behavior was ###### n######-c######textual vocalizati######s in school. ###### mo### problematic was that ### was reported to have object assaultive behavior, throwing objects around in ###### school setting. #### thought ### ### and ### class were appropriate. (Tr.1880-1881 and 1885-1887)
#### discussed ###r recommendati######s, ###arting with recommending that ###### ###udent should remain in ###### ### class for an######r year. #### explained that ###### ###udent lagged sub###antially behind in ### interpers######al ###### interactive skills and that in ### ######re is a much hig###r rate of interacti######. ### would n### afford ### ###### opportunity to develop ###### basic ###### skills and play skills ### needed. However, a c######tinuati###### in preschool with a trained ### ######rapi###/### that can facilitate ### and mange ### ###### ###### would be required. ###### ###udent needs ###### ### in a main###ream setting, to ###### ### and to assi### ### in navigating ###### main###ream setting successfully. ###### home ### program provides a place w###re ### ######rapi### can develop ######e-######-######e play skills, by arranging play dates. ###### ######rapi### can pre-teach so that ### can succeed in a main###ream setting. B###h ###### home and school program needs to be supervised by a ### so that appropriate programs are developed to ###ress ### ###### needs and to curtail/eliminate ###### unwanted ######. ###### ### would also act as a liais###### between ###### home and school program so that ######re is coordinati###### between ###### two settings. ###### ###udent needs a ### to reduce regressi###### over ###### ######.(Tr. 1888-1890; 1892-1894 and 1895-1897)
### went to ###### proposed placement at ###, ###### April 8, ###. #### met ###### m######r as planned; ######y were greeted by ####, school ### and ###, ###### ### ###. ###### ### and ### talked about ###### ### program; ###### children are #### based ###### ######ir abilities to functi###### appropriately in a ####envir######ment. If a child has a behavior problem in ###### main###ream classroom ######n ######y are removed. #### opined that a better approach to behavi###### problems in ###### main###ream classroom was to try and resolve ###### problem in ###### same envir######ment.(Tr.1900-1902) (Exh. F)
In###ructi######al ### was c######ducted ei######r by ###### ###method or by ### progra#### ###### ###method uses probe ###, ###### in###ructor has a set target and ### probes to see if ### can get ###### targeted resp######se that ### is seeking to teach. If ### gets ###### targeted resp######se ###### fir### time from ###### child, it is grap###d and ###### in###ructor moves ###### to teach something else. ### may go back to ###### same item next week to see if ###### child retained it. If ###### child does n### give ###### targeted resp######se, ###### in###ructor will teach ###### child that day for X amount of time; an######r in###ructor may also teach ###### same item that day 10x and yet an######r may teach it ###### following day for 20 times. Each in###ructor will indicate that ### taught ###### child by a n###ati###### ###### a graph; ###### graph will n### show how many resp######ses were given individually to each in###ructor before obtaining ###### desired result. W###reas ###### ### method would require that each resp######se is n###ed and grap###d, so that it is clear how many resp######ses were given before ###### correct ######e was obtained. (Tr. 1903-1906 and at 1907)
### was n### shown ###### #### and ###### ### class had ###udents coming in and out. ######re was no group in###ructi###### going ######; ######re were two children who remained and worked at ######ir individual ###ati######s. ###### ### were provided ###### a push-in ####ative model for ###### entire class based ###### a ####. ###### ######s were provided more ###### a collaborative basis, by ###### classroom ###aff. #### opined that it would be difficult for ### with ### ######izati###### and ###### issues to navigate ###### ###. #### commented that ### was sc###duled to go in at 11:30 am, at lunch time or recess time. Ei######r of those two times is difficult for ### since ### has ###### issues and ### would be thru### into a main###ream class with ###udents that ### had no relati######ships with.(Tr. 1912-1913 and at 1916)
In ###iti######, a l### of ###### in###ructi###### is provided by ###s who are n### certified ### ###s. #### did n### believe ###### proposed class would work for ### and #### did n### believe a ### class would be good for ### ei######r. A program for ### would have to be fashi######ed to meet ### individual needs.(Tr. 1917-1918) #### reviewed ###### ###udent’s goals, #### thought some were very appropriate, some goals had already been ma###ered and a couple were too advanced. (Tr. 1922-1925)###### mo### significant ###### behavior that #### observed in ###### classroom was that ### would perseverate and engage in scri###ing behavior. #### n###ed that ###### ### told ###r ### behavior w###n #### observed ### was exce###i######ally good and at home ### was quite good. (Tr.1929-1930)
###### witness ###### cross-examinati###### discussed ###### recommendati######s that #### made in ###r report dated January 28, ###.#### explained that some of ###r findings and recommendati######s were based ###### previous reports and informati###### provided by ### ###. #### had to rely ###### those reports and ###### ### because it was ###r initial observati###### and #### had no baseline to judge ### performance as to w###re ### was at and w###re ### had been ###### ###### date of ###r observati######. #### recommended a c######tinuati###### of a preschool setting with ### support because ###### ###udent was sub###antially delayed in ### ######-em###i######al and ###### skills. Also, ###### ###udent had behavi###### difficulties that needed to be arre###ed before entering a #######. #### explained that since ### had significant deficits, it would take more than eight m######ths to bring ###### ###udent’s ###### and ###### skills to a level w###re ### could be successful in a ### setting.(Tr.1965-1968; Exh. G)
### ###ated that #### was aware of ###### amount of ### ### was receiving and recommended ###### c######tinuati###### of same based ###### ###### providers’ recommendati######s; #### deferred to ######ir expertise in evaluating ###### ###udent’s needs. #### recommended ###### home based ### program for 25 hours primarily to allow pre-teaching to be d######e. ###### children with ### ###ruggle with compre###nding novel c######ce###s; ######y may need it presented several times before ######y grasp ###### new c######ce###. Allowing ### to preview ###### less######s is an important comp######ent of ### educati######al program so that ### would have some level of under###anding w###n it is presented in a group format. #### n###ed that pre-teaching does n### necessarily have to be taught at home. However, #### was opposed to ###### ### class models w###re pre-teaching would have been d######e in ###### ### class, as a preparati###### for ### to participate in ###### ####room. It was more practical to do it at home as opposed to having ###### ###udent navigate ###, w###re ### mo### likely would feel like an outsider in b###h classes. (Tr. 1995- 1998 and 1991-2001)(Exh. G)
###### witness ###ated that #### recommended a 12 m######th school program based ###### ###r knowledge and extensive experience working with children with ###. #### n###ed that based ###### ###r experience working with thousands of children, ei######r directly or indirectly, #### has… “never met a child with ### who does n### regress and who does n### need a ###.” (Tr. at 2022) #### fur######r ###ated that ###r recommendati###### was based ###### ###r observati######s and ###### fact that ### was already behind #########, em###i######ally and presented with ### as well as behavi###### issues. ######refore, an extended school year was needed in order to prevent anticipated regressi######. #### did n### recollect w#########r #### saw any ###/report that ###ressed regressi######. (Tr. 2022-2024) #### acknowledged that #### did n### know how far behind ### was ######### and behavi######### w###n ### ###arted in that class in Se###ember, ###. However, #### ###ated #### could see ### and compared to ###### ######r ###udents in ###### class ### was behind ######m from a ### vantage with regard to ######, em###i######al and behavi###### aspects.(Tr. 2027-2029)
### te###ified that ###### ###### day that #### visited ###### proposed class that #### did n### ask to see a class profile or inquire regarding ###### ###udent’s ###.(Tr. 20######-2036) #### ###ated that ###### 61:3 class was n### appropriate to meet ###’s needs. #### said that having ###### ###udent “flipping” between ### would have been a big mi###ake. ###### ###udent has ###### ability to be in a main###ream class a full day; ### does n### bel######g in a ### class. Moreover, #### n###ed that even if ###### ### children are well acce###ed in ###### main###ream class, it would n### be appropriate for ### because of ### ###### and ###. #### recalled that in ### pre-school setting w###re ### remained with ######e class, ### ###ruggled ######### in that classroom and ### was with ###### same children all ###### time.( Tr.2049-2051)
An######r matter of c######cern was ###### level of ####ant ######s; ###### ####ant came ######ce a week for a half day. It’s n### an adequate amount of time to ###### six children.(Tr. 2049-2051 and 2052-2053) ###### child was already behind and it is unreas######able to push ### through to ### solely because ### is a certain age without regard for ### ###### and em###i######al needs. Also, ### c######tinued to engage in some inappropriate ######. (Tr. at 2058) #### ###ated that #### did n### have a particular ### in mind, but n###ed ###s follow a similar agenda. ######ir primary purpose is to prepare ###### children for school. ###### ### ###es ###### teaching children ######-c######trol and ###### ###### attending skills to make ######m available for learning. It also teac###s ######m how to c######duct ######mselves in a group format and to ######### interact with ######ir peers as well as learning appropriate play. Pre-school ###es ###### a l### of ###### areas that ### needs to develop better skills in. ### emphasizes academics and requires a hig###r level of interacti######s am######g### ###### children.(Tr 2061-2062)
#### acknowledged that #### did n### have all ###### documents that ###### IEP was based up######, as li###ed in ###### document and was n### privy to ###### IEP discussi######s regarding ###### goals. #### did n### review any ### ###### ###### ###udent w###n #### did ###### ### observati######. (Tr. at 2070; at 2075 and 2080) #### admitted that #### did n### see ###### ###udent do any specific goal ###### three c######secutive occasi######s. #### c######cluded certain goals were ma###ered based ###### ###r observati###### and ###### ###’s telling ###r it was ma###ered. (Tr. at 2069) However, #### maintained that some of ###### goals were n### properly written; ######y were vague and broad. Some of ###### math goals were too advanced for ###### ###udent. ( Tr.at 2081 and 2086-2088)(Exh 4)
###### witness ###ated ###### re-direct that ###### ###udent needed ###### ### envir######ment to ### ###### ###### ######### and em###i######ally. ### needed time to reduce ### malada###ive ###### and to develop better coping skills to ###ress ### sometimes high level of fru###rati######. ###### class had less children than a ### classroom, ### was learning how to resp######d in a group situati###### and learning to ### from a highly desirable activity to a less desirable activity. ### was learning ###### c######sequences of having a tantrum, such as a desirable activity being taken away. ###### pre-school envir######ment was important to ### from a ### perspective because it provided a small ###ructured envir######ment for ### to work ###### ### deficits with ###. ### requires a hig###r level of ### and a more sop###ticated ability to follow group in###ructi######s as well as keeping up with academic demands. (Tr. 2116-2119) ### te###ified that #### has observed hundreds of ###classes and ###### ###### children in those classes have skill levels lower than ###.(Tr. 2120-2121) During re-cross, ###### witness acknowledged that ###### general rule of thumb is that ###### ### is c######sidered more re###rictive, under ###### lea### re###rictive envir######ment (LRE) c######tinuum. (Tr. at 2154)
###### Marilyn C. Agin, is a physician with a specialty in neuro### pediatrics. #### is boarded in three areas, pediatrics, #### medicine and rehabilitati######. #### holds a Ma###ers in ### Pathology; #### practiced for about seven years before returning to school to complete ###r premed ###udies and c######tinuing ###### to medical school. #### has a clinical certificati###### in ### pathology. #### has been a practicing pediatrician since 1991 and working with children with ### delays since completing ###r residency. In 1998, #### took a positi###### as Medical Director of New York City Early Interventi###### program and remained as director for six years. As director #### worked with pediatricians, throughout New York City, teaching and lecturing ######m ###### ###### importance of referring and identifying diagnoses like ### and ###. (Tr. 2266-2268 and 2269-2271)
### ###ated during ###r tenure as director, working three to four days a week, #### ###arted ###### a private practice and since 2001 has worked exclusively with ###r practice. #### no l######ger treats children; #### does evaluati######s and diagnoses of children who have ###### and ###. #### sees all types of children, but ###r expertise is working with children who are ###### ###### ### ###### and also who have complex ### and #########, such as ###of ###. #### works with children from six m######ths old to 18years old. However, ###r practice is primarily dev###ed to young children.(Tr.2272-2273)
### te###ified that #### fir### saw ### in ; ### was three years old. #### diagnosed ### to be ###### ### ###### and to also have ###of ### and m###or ### issues. In ###iti######, ### had ### and ###. #### has reevaluated ### year since ###r initial evaluati###### in 2008. #### reviewed ###r December 15, ### evaluati###### which #### co-wr###e with ######e of ###r ### pathologi###. #### discussed ###r findings; ### had some m###or issues and ######. #### explained that truncal ###### affects ###### child’s ###, w###n ###### ### is ###, which is ###### core; it causes ###### child to kind of ### w###n ### sits. It may also affect ###### child’s ###### and ### as well as ######ir ###. ###### ### is ###### foundati###### of ###### body and a ### core can cause graphom###or and ###### m###or###. ###### can cause a global ###, which is a m###or planning problem. ###### ###udent was making progress with ### intensive ######s, but ### ###ill was n### alternating ### feet ###### ###airs and had difficulties with throwing and catching a ball. (Tr. 2280-2283)(Exh. J)
###### ###udent made progress in ###### ### and ###### areas as reflected ###### ###### ###, 2nd Ed. (###-######) which was admini###ered to examine ###’s abilities in rece###ive ######, ####, ###### c######tent and ###### ###ructure. ### lowe### score was in c######ce### in following directi######s and under###anding ######. ### was speaking in complete sentences, but lacked ###### turn taking that is ### in ######. ### produced l######ger sentences; however, ###### l######ger ### spoke ###### harder it was to under###and ### due to ###of ###. ###of ### is a ### m###or planning ####, ###### l######ger ###### utterance ###### more unintelligible ###### ### becomes. ###### l######ger sentences require that ###### child move ### lips and t######gue fa###er which requires greater coordinati###### and m###or planning. #### ###ated that ### had poor jaw grating and ### t######gue movements were n### refined. #### n###ed that w###n #### initially evaluated ### ### had ###### childhood ###. ### is improving but ### c######tinues to have ###### issues as with ### jaw grating and ### ability to lift ### t######gue. (Tr. 2284- 2287)(Exh. J)
######r areas of improvement were ### ###, ### related better to ###r and ### ability to ###. #### n###ed that ### overall coordinati###### and acquisiti###### of m###or mile#########es remained for ###### mo### part, unchanged. #### explained that as ###### m###or improves so too will ###### child’s ###. ### also has some ###### ###. W###n #### asked ### que###i######s, ### to answer. ### exhibits cognitive ###rength, but c######tinues to ###ruggle with ###### ###### and ######. (Tr. 2289-2292 and 2292-2295) ### had a difficult time with ######al skills and about something ### was doing. ### was n### able to maintain ###### flow of ######. ### lacked and needed a l### of support to ### ###### toys that were n### of ### choosing ######rwise ### would have played with cars exclusively. ### voice was a###; ### voice had a hig###r pitc###d than a ### child which made ### ###ick out. ### hadn’t matured with ### ###skills, ### had trouble following directi######s, ### coordinati###### and regulatory sy###em were ###ill problematic. ### required ###### support of a ### to facilitate ###. ######se c######tinuing deficits were ######going impediments and indicators that ### was n### yet ready for ###.(Tr. 2304-2307 and at 2308)
### discussed ###r recommendati######s; #### recommended that ### c######tinue with a main###ream preschool and c######tinue with ###### same ### support. ### needed ###### ### support to keep ### ###ed and to redirect ### w###n ### engaged ##### ### ######. #### recommended ###### c######tinuati###### of a preschool program because ### was immature and needed to c######tinue make ### gains in ######/###, ######, ######izati###### and m###or skills. ### needed an######r year in ###, ### had made gains but n### enough to be successful in a ### setting. In ###iti######, #### recommended an increase in ### and ###; ### needed l######ger sessi######s to ###ress ### specific needs and to give ### time to get organized and to settle down. ### needed ###### ### to work ###### ###### gross m###or skills and ###### ### to improve ###### ###ability of ###### ###, which impacts ###### movements of ###### t######gue and coordinating #### with m###or. A reque### was made to increase ### ######s, to provide ######m at home twice weekly, to ######e ###. All ######s were recommended ###### an individual basis. #### n###ed for ### ######rapy that ###### required a face to face setting with ###### child. ###### ######rapi### needs to dem#########rate ####### ###### ###### child how to produce ###### desired #### to formulate ######. (Tr.2316-2318;2222-2324 and 2326-2329) (Exh. J)
###### cross-examinati######, ###### explained that #### is ###ill a ### pathologi### licensed in New York; #### is in compliance with ###### c######tinuing educati###### requirements. #### is also current with ###### educati######al requirements for ###r ###### (######). However, #### does n### ###### do ###/###### te###ing in ###r office; ###### ### pathologi###s that work with ###r handle ###### ### te###ing in ###### office. W###n #### leaves ###### office to do ####ati######s and or home visits, #### will c######duct ###### ### and ###### te###ing, approximately six times a year. #### ###ated that ###r area of expertise is working with children ###### ### ###### and in ###of ###.(Tr. 2733-2736) A review of ###### ###-###### which evaluates ###### fundamentals in four areas, shows that ###### ###udent scored in ######### range, for each category, exce### for ###### rece###ive ###### index. ### scored in ###### low### range. ###### rece###ive ###### index category looks at sentence ###ructure, c######ce###s and following directi######s. (Tr. 2754-2757 and at 2760)(Exh. 16)
Next, in ###r evaluati###### was a secti###### labeled ### assessments/academics which is evaluated through observati######s of informal activities. #### presented ### with about ten pictures; each picture had a word at ###### b###tom. ### was asked to say ###### fir### ###### in ###### word; ###### result was that ### has yet to develop ###### skills. ### was also evaluated to determine if ### under###ood ###### blending and if ### knew how to ###### words. ### did n### know how to do ei######r ######e. ######se are pre-reading ###### that ###### emerge in children around ###### age of four and before ######y enter ###. ( Tr. 2764-2766) ### c######cluded ###### child had ###### ### based ###### ###### length of time it took ### to answer ###r que###i######s. Mo### ###### ###### children are quick to resp######d, with ### ######re was a three sec######d delay.(Tr. 2769-2771)
#### admitted that #### had n### observed ###### ###udent at ### ### program and had never observed any ### working with ###, at school or home. #### te###ified that #### had never observed ### outside of ###r office. #### was directed to several progress reports of ###s and related ###### providers to review; #### did n### recall reviewing any of those reports. #### was unable to identify ###### reports that #### had relied ###### and had referenced in ###r evaluati######. #### recommended that ### should remain in ### current placement because ### was successful and improving ### ability to learn, ### ###### was improving and so were ### ###### skills. ###### ###udent’s ###### were decreasing, ### was less ### and ### was talking more. (Tr. 2774-2776) #### n###ed that ###### support of ###### ######e to ######e ### was in###rumental in ### success. ###### ###udent benefits from being in a main###ream setting, with ###### proper support, because to some extent ### would be able ###### ###’ ######, ### and ######.(Tr. 2779-2780)(Exh .16)
### te###ified that #### recommended a 12 m######th school year based ###### ### parents and professi######als who reported to ###r that ### regressed w###n ######re were breaks in school. It was reported to ###r that ### regressed in terms of ######, behavior, and ###### and in general. #### ###ated #### was n### aware that ###### ###udent received ######s 365 days a year, including week-ends. (Tr. 2780-2782 and at 2792) #### explained that ###r under###anding for an extended school year meant that if ###### child did n### receive a 12 m######th school year, ### or #### would regress. #### indicated that regressi###### was ###### ###andard for extended ######s, n### sub###antial regressi######. Moreover, based ###### ###r overall professi######al experience, children ###### ###### ### ###### in general tend to regress without c######tinuous ######s. (Tr.2793-2795; Exhs. IHO 1 and 16)
###### basis of ###r recommendati###### for an increase in #### ######rapy was ###### reports #### reviewed, ###r own observati######s and experience. ###r December, ###, neurological examinati###### revealed that ###’s …”overall movement patterns are somewhat uncoordinated and unbalanced.” (Exh. 16) #### never ####ed with ### #### ######rapi### and could n### recall w#########r ###### ######rapi### recommended an increase in ######s. (Tr. at 2797 and 2799-2801) Similarly, #### recommended an increase in ####al ######rapy for ###### same reas######s and had n### ####ed with ###### ######rapi###. (Tr. 2805-2807) #### recommended ###### c######tinuati###### of ### ### ######s with a certified ###### ### pathologi### based ###### reports and specifically #### ####’s report that #### was using ###### with ###. However, #### did n### know w#########r #### #### was ###### trained or ###### certified. (Tr.2808-2809) (Exh. 16)
#### recommended that ###### ###udent remain in a preschool setting because ### was immature and n### yet ready for ###### ### curriculum. ### did n### possess ###### skills ### children usually have prior to entering ###, such as ph######emic awareness, running skills, #### and a hig###r level of ###### skills. #### acknowledged that ###r recommendati######s were directed towards an educati######al program that was to occur nine m######ths in ###### future. ###r clinical experience and direct interacti###### with ### over an extended period of time indicated to ###r that ###### ###udent would n### have progressed sufficiently, in ###### next nine m######ths to be ### ready. #### admitted that #### never observed ###### proposed ### class; #### was n### aware of ###### credentials/training for ei######r ### or for ###### ###s. #### did n### know ###### functi###### levels for ei######r ###### ### class or ###### ####### class.(Tr. at 2813 and 2815-2816)W###n #### made ###r recommendati###### that ###### ###udent remain in ### current main###ream educati######al setting, it was for ###### ### school years. #### was aware that ### attended a different preschool afterwards. (Tr. at 2842 and 2844-2846) (Exh. 16)
###### redirect, ### te###ified that ###r recommendati###### regarding ###aying in ###### ######n current preschool setting would n### have changed had #### known ### was n### going to attend ###### same school. ###r recommendati###### was that ### should attend a main###ream preschool with ###### support of a ###. ### should n### be placed into a more re###rictive envir######ment such as ###### ### for part of ###### day and ######n attend a ####### class for ###### remainder of ###### day. #### ###ated that knowing ###### qualificati######s of ###### ###s and ###s would n### have changed ###r recommendati###### or knowing ###### ###udent make-up of ###### classroo#### ###r recommendati######s were grounded in ###r professi######al knowledge of ###### ###udent for a year and a half, input from ###### professi######als working with ### and input from ###### parents. (Tr.2848-2850 and at 2852) #### ###ated that having an ### ######rapi### facilitate ### between ### and ### ### peers would n### have been appropriate because ###### ###udent was n### ready #########, em###i######ally or ####### to attend a ### setting. ### ###ill had ###### and ###. It would have been too advanced for ### to make ###### leap from preschool w###re ### ###ill had significant difficulties and ######n to abru###### adju### to ###### demands of a ### curriculum. (Tr.2859-2861)
###### recross #### acknowledged that #### did n### know w###n ### would have been pu####d into ###### ### class and that even if pre-teaching was provided in a di###racti###### free area, nei######r would have been grounds to change ###r recommendati######s. (Tr.2864-2865) #### n###ed that ###### ###, ### and ### were recommended ###### a ######e to ######e basis.(Tr. at 2876)
###### m######r te###ified that w###n ### was about two years old, #### and ###r husband became c######cern because ######ir s###### was n### speaking. ######y c######tacted a pediatrician who said give ### more time, ###s can be late bloomers. After a few more m######ths of silence ######y c######tacted an######r pediatrician who gave ######m a li### of agencies and directed ######m to select an agency to follow up with. ###### agency referred ######m to an early interventi###### agency (EIA). A coordinator from ###### EIA came to ######ir house to interview ######m, to obtain a family ###tory and to interview ###. ###### coordinator provided ######m with a li### of agencies that c######ducted evaluati######s. ###### evaluati###### was c######ducted by ###### ### pathologi### and ###. It revealed that ###, who was now over two years of age, was functi######ing somew###re between a three m######th old to a nine m######th old baby. An Individual Family Plan (IFP) was developed; ###### child was recommended for ### ######rapy, ### ######rapy and for an evaluati###### by a ###. (Tr.2387-2390 and 2393- 2395)
###### ### came to ###### house; ### evaluated ###### child and diagnosed ### as ### NOS ###### ###### ### ######. ######y retained a private neurologi### to evaluate ### and discussed ###### ###’s findings. ###### neurologi### c######cluded ###### child had all ###### signs of ### but o###ed to use ###### same ### of ### NOS. #### sugge###ed that ###### parents ###op speaking Serbian to ### and use English #########. All ###### ######rapi###s working with ###### child should also use English. ######y met with ###### EIA coordinator, ###### ### and a supervisor. It was sugge###ed that ### should get up to five times 45 minutes ### ######rapy weekly; ### should get up to 30 hours of ### weekly in ###### home. ###### parents should get ######e hour a week of ### and should began going to a weekly support group. Subsequently, ### was evaluated for ### and ### and those ######s were also provided. (Tr. 2396-2399 and 2400-2403 and at 2405)
Next, ###### child aged out of early interventi###### ######s; ### was referred to ###### Committee ###### Pre-school ### (###). A series of evaluati######s were d######e; ###### ### pathologi### diagnosed ### with ###### ###and ###### was recommended. ###### ### recommended extensive ######s and that ###### ######s should be provided 365 days a year, including week-ends. ######y decided to send ### to a special pre-school and all of ### ######s were to be provided between school and home. Packets were sent out to schools; ###### parents visited ###### schools and selected ###### Little Village School. ### attended ######re part time, ######. And ### also went to a ### preschool in ###### morning with a ###. ###### parents retained a ####ant who observed ###### ###udent in b###h schools and at home. ### made recommendati######s to ###### schools and parents. Prior to ###### next ### meeting ######y hired an######r ####ant, who recommended main###reaming ### with a ###. ###### m######r n###ed that #### was reading about ### ###w###n #### came across ###’s #### ###### ###; #### c######tacted ###r. In May, 2008, ### evaluated ###### ###udent; #### c######firmed ###### ### of ### ###and ###. In ###iti######, #### and ###r team diagnosed ### for ###### fir### time with ###. ### explained ### is sometimes referred to as ###### clumsy child syndrome meaning that ### has problems with coordinati######. B###h ###and ### are m###or planning problems; ###### brain has a hard time planning ### m###or activities. ###### neurologi### recommended an increase in ### ### and ### ######s and a c######tinuati###### of ###. (Tr. 2408-2411; 2413-2416 and 2421-2424)
###### ### team c######cluded that a ### preschool setting with a ### for 12.5 at school and 22.5 hours of ### at home would be ###### right placement. A FBI plan was developed and ### were c######tinued. ###### ### at school sugge###ed that play dates be set up at home to improve ###’s ###. ### was resp######sive to video modeling. In ###iti######, ###### ### set up programs to ###lp ### with recalling events of ### day and to recall events in ###ories read to ###.(Tr. 2429-2431; 2433-24###### and 2436-2437)
###### m######r ###ated that every year, #### and ###r husband would take ### to be privately evaluated by different professi######als to chart ### progress, deficits and to ###ress ### educati######al needs. #### discussed ###’s evaluati###### which reported that ### was lacking ###### necessary skills that a ### ###udent should have. #### hired ### to assess ### educati######al needs; ### reported that ###### child was n### yet ready for ### em###i######ally and #########; #### recommended an######r year of ###. Subsequently, ######y received n###ice of ###### ###/### meeting. Prior to attending ###### IEP meeting #### solicited input from some of ###’s provider regarding what kind of placement would be appropriate for ###. #### spoke with Patricia ####, ######e of ### ### ######rapi###s; #### sugge###ed that ### repeat preschool and remain in a main###ream setting, to fur######r develop ### ###### skills. ######, ### ### team leader recommended an integrated co-teaching classroom with an ###. #### faxed to ###### Di###rict ###### privately obtained evaluati######s that had been d######e.(Tr. 2443-2446)
Prior to ###### meeting, #### received informati###### in January regarding ### regi###rati###### and ###### date for an orientati###### meeting. #### c######tacted #### to inform ###r that could n### attend ###### orientati###### because ###r husband was attending a workshop. Also, #### had a new babysitter who could n### handle ###r children yet since #### had ju### ###arted with ###### children. #### told ###r that was ###### ######### time that ###### orientati###### meeting would be ###ld and n###ed that ###### regi###rati###### packet had all ###### informati######. ###### m######r n###ed that #### would follow up with some parents that #### knew would be attending ###### meeting. #### did fill out ###### regi###rati###### forms and regi###ered ### sometime towards ###### end of April, ###. #### was n### available to regi###er ### ###### ###### proposed date recommended in ###### regi###rati###### packet since #### was sc###duling doctor visits for ###r s######. ###### m######r c######tacted some######e in regi###rati###### and was told that #### could regi###er ###r s###### anytime up to Se###ember. #### c######tacted #### regarding ### screening; #### advised ###r that children with IEPs do n### need to go ###### screening because ###### Di###rict follows ###### IEP. (Tr. 2449-245; at 2454 and at 2494)
At ###### March 19, ### IEP meeting #### and ###r husband were given a packet of papers which c######tained all of ### evaluati######s, progress reports and current IEP. #### and #### ### were ###### ######### ######rs to have ###### packet of documents. #### ####, ### pathologi###, was ###### fir### provider to speak, via teleph######e; #### ###ressed ### ###rengths and key areas of deficits. #### c######firmed that #### received ###r fax with regressi###### informati######. #### #### ###ayed ###### ###### ph######e while ####Reinhardt, an######r ### provider discussed ###r findings which pretty much mirrored #### ####’s remarks. B###h agreed ### bigge### issues are ###, ###issues, formulating thoughts and recalling of events. #######t discussed ### problems with pr######ouns, verb tense and turn taking during play. #### n###ed that ### ###### and play was very r###e. #### discussed ###### results of two te###s #### had admini###ered, ###### ###udent performed poorly, ### was ### in #### skills, ######/em###i######al skills and in #### skills. #### #### emphasized ###### ###udent’s needs for ### ######rapy during ###### ###### to ###ress regressi###### and ######n hung up. (Tr. 2458-2460; 2461-2463 and at 2467)
Next, #### Cole, ###### director of ### preschool and ###, ### ### at school gave ######ir individual reports via teleph######e. #### Cole reported that ### was popular in class, was ###### classroom leader and was very bright. ### knew ### colors, shapes and numbers 1-9. ### ###ated ### had some difficulty with ###ing and some problem ###### would occur occasi######ally. ###### #### ######rapi### who actually treated ###### ###udent was unavailable, so an######r ######rapi### discussed ###### ### report. ###### ######rapi### n###ed that ### had problems with manual dexterity and #### perce###i######. ###### #### ######rapi### reported that ### scored ### ###### ###### Peabody te### in ###### areas of ###ati######ary and locom###ive.(Tr.2468- 2471; 2474-2476 and at 2478)
#### ###ressed ###### ### porti###### of ###### meeting; #### recommended ### in all areas and ###### parents agreed to find a school. ###### team discussed w###n ### should begin, due to c######cerns about regressi######; ######y thought July 5th through Augu### 31### would be a good sc###dule, leaving ######### a few days without ######s. ######ir c######cerns regarding regressi###### arose because during Thanksgiving ### had ###### flu and had to miss a few sessi######s, ### ###arted ###imming and it has n### ###opped. ###### meeting ###ed ######to ###### ### porti######; ###### team discussed p###ential fall placements and ###### types of classes available. ########## sugge###ed a co-teaching class setting; #### was told that it was n### an o###i###### for ###. ####ant ######s were discussed and ###### ### class was discussed extensively. ###### Di###rict recommended ###### ### class with #### ######s for ###, ### and ###; n######e of those providers or ###### ### were called back for input. #### was told that ###### ### cann### provide ### ######s. (Tr. 2479- 2482; 2488- 2492 and at 2493)
#### and ### visited ###### proposed placement; ######y were guided around ###### school and shown ###### ### classroom, by #### and ###. ######y were told about ###### profile for three of ###### incoming ###udents, who were all lower functi######ing than ###. Two of ###### children were much lower functi######ing than ###. ######re were ######### two ###rs in ###### class w###n ######y went to visit; ######e of ######m was making ###s like ###imming ####. #### was told that w###n ###### ###udent goes to ###### main###ream class that an ### carries a clipboard to take n###es ###### ######, goals anything of importance. ###### m######r n###iced that an ### came in to get something for a ###udent and an######r ### that was shown to ######m, nei######r of ######m had a clipboard. #### was told that ###### ###udent would ###ay in ###### ### class from 9AM-11:30AM and from 2PM-3PM; ###### ######r times ### would be ####. ### told ###r that ###### was n### an appropriate class for ###r s###### and that it would be very difficult for ### to navigate ###. ###### m######r ###ated that #### made numerous calls reque###ing ###### ###### and fall IEPS. #### received ###### fall IEP in mid July.(Tr. 2496-2499; 2502-2505 and at 2506) (Exhs. B; Y; IHO 1 and 4)
###### m######r ###ated that w###n #### read ###### IEP under present levels of academic achievement, functi######al performance and learning characteri###ics, it did n### resemble ###. Under academic achievement it indicates” intellectual abilities is in ######### range and academic readiness skills are ######”(Tr. at 2524) #### agreed that it was a true ###atement, but it failed to indicate ### lacked ### readiness skills, in ###### areas of ###### and em###i######al needs. ###### reference to ### and ###### te###ing indicates ### wa#### and ###, however, it did n### indicate what level ### expressive skills were at. It did n### indicate ### was n### able to ###ay ###### topic; ### was n### able to engage in ### and that ### was n### able to recall events without being ######ed. (Tr. 2528-2531)
#### n###ed that some ### and ### te###s were included ###### ###### IEP, some were from previous years and yet some of ###### current te###ing from ### was omitted. Also, #### pointed out ###### te###s that were left out such as ###### Peabody, ###### preschool evaluati###### scale and ###### ### assessment of young children reflected ### that were ###; some indicated ### skills were in ###### ### ### and ninth ###. #### ###ated that ###### IEP did n### present a complete profile of ###; it was n### specific regarding ### deficits. (Tr.2532- 25######; 2539-2542 and 2543-2546) (Exhs. B and R)
###### m######r reviewed ###### goals 1-47; #### ###ated that approximately 25 of ###### goals li###ed had been ma###ered. ######### about 10 of ###### goals were appropriate and ###### remaining was inappropriate or vague. (Tr. 2569-2573; 2575- 2579 and 2595-2598) (Ex. B) ###### m######r te###ified that #### believed ###### ### placement was inappropriate because it was too re###rictive. #### recalled that ###r s###### was observed in several ### schools and all ###### schools c######cluded that ### was too high functi######ing for a ### placement. Also, ###### proposed class had ### sc###duled to be in ###### ### in ###### mornings and in ###### #### in ###### afterno######, which would result in ### going to specials twice a day since ###### ### class attended specials in ###### mornings. ###### #### attended specials in ###### afterno######. ###### proposed sc###duling would have ### missing some of ### favorite classes like art and ###ory time. In ###iti######, being placed with ######r ### children would result in ### imitating some of ######ir inappropriate ######. Also, all of ###### providers who worked with ### and ###### professi######als who evaluated ### recommended a full time ####placement (Tr. 2599-2602 and at 2603)
#### ###ated that #### disagreed with ### for related ######; ###r s######’s needs required #### ######rapy. Moreover, #### ######rapy was tried ###### a ### for a while; it was decided n### to be adequate and ### IEP was ju### amended a m######th before ###### March, ### IEP meeting. It was amended to provide ### ###### an individual basis. ### and ### recommended an increase in ### individual ######s. (Tr. 2604-2607) #### ###ated that ###r s###### has made significant progress during ###### ###-11 school year with ###### c######tinuati###### of ### individual ### and ###. ### has improved #########, ### is picking up skills that ### needed to be ### ready, such as improved play skills and better behavior. ### is able to learn directly in ###### classroom and ### c######fidence is has grown. ### has better recall and ### ###### has improved. ### handwriting has improved and ### is now able to descend ###eps alternating feet. ### coordinati###### is better and ### c######tinues to improve. ### has ma###ered ###### F ###### and is progressing with ###### TH ######. ### is able to make up a complete ###ory and able to retell ###ories. (Tr. 2604- 2607 and 2610-2614)
###### cross examinati######, #### admitted that at ###### time of ###### February, ### amendment no ######e ###ated that ###### functi######ing levels ###### ###### IEP were incorrect. #### did n### c######tact any######e at ###### Di###rict to tell ######m that ### functi######ing levels were incorrect ###### ###### IEP. ###### m######r ###ated w###n #### receives an IEP #### c######centrates ###### ###### amount of ###, recommendati######s and goals; #### does n### review ###### levels.(Tr. 2633-2636)(Exs. B; Z and IHO 1) #### acknowledged that #### wr###e approximately 13 letters to ###### ### between June, 2008 to Augu###, ###.However, ###### letters were to point out typos, ######y were n### to change ###### IEP. In ###iti######, ###### m######r admitted that although ###### goals were ma###ered or inappropriate ###### ###### IEP, #### did n### write to ###### Di###rict regarding ###### matter and #### did n### c######tact any######e in ###### Di###rict to amend ###### goals. (Tr.2657-2659 and 2661-2662)
During cross-examinati###### ###### m######r acknowledged that ###### packet of documents given to ###r at ###### IEP meeting did include some documents that #### had mi###akenly te###ified earlier were n### provided. Also, #### acknowledged that a few documents that were n### included in ###### packet had been provided to ###r at an earlier time. ###### ######### document that ###### m######r had n### received was ###### observati###### taken a day before ###### meeting ###### March 18th. W###n #### arrived at ###### meeting, #### asked ###r if #### received ###### observati###### report since #### had faxed it earlier to ###### m######r’s job. ###### m######r ###ated that #### had n### received it because #### didn’t go to work. However, at no point prior to meeting or during ###### meeting did #### reque### a copy of ###### observati###### report. ###### m######r acknowledged that no ######e during ###### meeting was ###opped from asking que###i######s or discussing anything. (Tr. 2925-2928 and 2929-2932) (Exhs.36; 31and 14)
###### m######r acknowledged that although #### #### was n### called back w###n ###### Di###rict recommended ### ######rapy ###### a ### that #######, ### ######r ### pathologi### was ####### present and so too was #### ### ###### ######rapi### for ###### proposed program. Also, w###n ### was offered ###### ###### ###, #### ######, ###### ####al ######rapi### for ###### proposed program was present as well as ### ###, ##########. (Tr. 2951-2952) Also, ###### m######r ###ated that #### was ###ill unclear as to what ####ant ######s were; #### did n### seek any fur######r informati###### during ###### meeting and did n### c######tact any######e after ###### meeting.(Tr. 2954-2955) #### acknowledged recei### of ###### ###### IEP, it arrived in June, before ### began in ###. Also, #### received ###### IEP for ###### ###-11 school year in July. (Tr. 2955-2956) ###### m######r agreed that ###### IEP accurately reflected ###### program discussed and recommendati######s made by ###### Di###rict, exce### for ###### time to be spent in ###### ###. It was ###r under###anding that ### would be in ###### ### for three and a half hours and n### ###### two and half hours as indicated ###### ###### IEP. (Tr.2975-2979)
###### re-direct ###### m######r te###ified that #### sent a letter to ###### Di###rict, dated July 28, ###; no ######e c######tacted ###r from ###### Di###rict to discuss ###r letter. (Tr. at 2985; Exh. X) #### recalled that ####### reported at ###### March 19th, ### IEP meeting that ### needed a ###ructured envir######ment. #### n###ed that ####### had ######### worked with ### ######e m######th at that time.(Tr. 2991-2992) ###### re-cross #### c######ceded that in ###r July letter #### did n### reque### ###### Di###rict to c######tact ###r. #### resp######ded that at no time was #### n### allowed to comment or to express ###r c######cerns. (Tr. 3004-3005)
###### DI###RICT’S REBUTTAL
###### Di###rict recalled ###### as ######ir fir### rebuttal witness. ### was asked to review ###### two evaluati######s c######ducted by ###### ### and ###### Co###n. ######n, #### was asked to give ###r opini###### regarding as to why ######re is a difference in ###### T ### between ###### parent and ### ###### ###### ### ### survey. ### opined ###### difference between ###### ### in ###### ###### approach ###### w###re ###### parent’s score was 49 and ###### ###’s score was 73 could more likely be attributed to some bias ######e way or ###### ######r, as opposed to ###. #### n###ed ###### ### is n### c######sidered w###n talking about ### varying from room to room.(Tr. 3018-3022) (Exhs. D and E)
### ###ated that ######y would create a ### Plan (###) based ###### a Functi######al ### (###), w###n ###### ###udent is exhibiting ###### problem behavior that interferes with learning/teaching. #### cited some examples, such as ###, disru###ive behavior or ######- injurious behavior. ### would be ### and grap###d to e###ablish a baseline. ###### ######going collecti###### of ### methods would be c######tinued based ###### whatever
###### interventi###### would be to ###ress ###### ###### problem behavior. Next, a ### has to be developed ###ressing how to deal with ###### unwanted behavior. (Tr. 3023-3024)
However, ###### that ###### can be corrected by redirecting ###### child or using some type of ###### to ###op ###### behavior, does n### warrant a ###. It is good practice to document your ### to ###ress ######, such as indicating whatever type of ###### you use to ###ress a particular behavior. As ###### ####ant for ###### ###, #### would develop ###### to ###ress ######se ######, write ######m up and train ###### ###aff how to implement same. #### would follow up to determine ###### success of ###r ###### and make adju###ments as needed. (Tr. 3026-3028)
W###n queried about ###### ### observati######s d######e by Drs. ### and Co###n, #### n###ed that ######re was no indicati###### as to which module was c######ducted. In ###iti######, #### n###ed that ######### a licensed ### may c######duct ###### ###, who has g######e through ###### ### certificati###### processes. ######re was no indicati###### that ei######r Co###n or ### was licensed ###s and ### certified. (Tr.3029-3031 and 3032- 3033) ( Exhs. D and E)
###### cross examinati######, ### ###ated that from ###### evaluati######s #### could n### determine if ###### ###s were licensed and could n### glean from ###### evaluati###### w#########r ######e of ###### ###s sat down with ###### parent and went over ###### ###.(Tr. at 3033 and at 3037) ### ###ated that #### is a licensed ### and certified to c######duct ###### ###. #### n###ed that ###### ###### evaluati######s that it indicates ######se were ### observati######s, which indicates to ###r that it was n### ###### formal ###. (Tr.3065-3066)(Exhs. D and E) ### acknowledged that all ###### do n### have to be ###### to warrant a ###, however, ######re are various factors that have to be c######sidered some of which would be how often it happens and if ###### behavior is redirectable. Also, it would depend ###### ###### ###udent and ###### situati######. (Tr. 3043-3045) #### ###ated that with inter-observer agreements, ######re is approximately a 80% match w###n two people are observing ###### same thing independently.(Tr. at 3053 and at 3062)
### ### te###ified that #### is a ### ######rapi### employed by ###### Di###rict. #### ### agreed with #######’s opini###### that ###### Clinical Assessment of ### and Ph######ology (CAAP) is n### normed for children under five years old. However, #### ### did n### agree with ###### m######r’s opini###### that ######### a ### ######rapi### with a ###### background can teach children with ###. #### n###ed that a ### pathologi### working with ###udents with ###would ###### use a variety of methods to elicit ###### correct resp######se. Also, #### ###ated that ###### is a brand name to describe a ######rapy that employs a tactile cueing sy###em to teach children to make #### and to improve #### to produce intelligible ######. (Tr. 3085-3088 and 3089-3090)(Exh. 14)
#### opined that ###### IEP under ###### Needs secti###### appropriately identified ###’s needs w###n it indicated that ###### ###udent “needs to c######tinue to develop appropriate and functi######al expressive and ####### skills.”(Exh. 4) #### explained that ###r opini###### was base ###### a ### evaluati###### c######ducted ###### February 16, ###, ###### evaluator wr###e that ###### ###udent’s ###### can be r###e and inflexible and that ###### ###udent needs to learn to formulate ### ###### based ###### ###### li###ener and ###### situati######. ###### finding is in sync with ###### IEP n###ati###### that ### needs to work ###### appropriate ####### skills. ###### finding was fur######r supported in a progress report dated February, ###, w###rein ###### provider wr###e “### requires moderate ######rapeutic assi###ance to utilize ### ###### to neg###iate appropriately during ######al ###.” (Exh. 30)#### explained that ###### indicated that ### needed to use ###### ###### ### has acquired to properly ###ress different #### settings. ###### IEP referenced that “###### ###udent needs to dem#########rate ### under###anding of ###c######ce###s.” ###### is supported by ###### ###udent’s low score in lingui###ic c######ce###s and that ### had errors in ######e, two and three ###ep commands. #### ###ated that lingui###ic c######ce###s and ###c######ce###s could be under###ood to be interchangeable. (Exh. 4) (Tr.3091-3094 and 3095-3097) (Exh. 30)
#### reviewed ###### ###-###### composite ### in ###’s ### reevaluati######, dated December, ### which did n### show ###### subte###s, raw ### or scaled ###. #### ###ated that normally you would see ###### subte###s given with ######ir scaled score and ### ranks. Looking at ###### composite ### and ### rank do n### allow you to find out specifics about ###### child’s ###### development. Moreover, subte###s would ###lp identify areas of needs and would be necessary to develop goals. (Tr. 3099-3092) (Exh.16)
#### ### agreed with ###’s opini######, that age equivalents are generally n### reported in ###### ###-###### because it’s n### “as meaningful in reporting te### results as a ###andard score in ###### ### range.” (Tr. at 2753) Age equivalents does n### give a range of skills, it doesn’t indicate w#########r ###### child is in ######### range or ###### low### range. (Tr.3103-3104) ### te###ified that #### had reviewed several of ###### ###udent’s ### reports and based ###### those reports #### disagreed with ###’s recommendati###### that ###### child should c######tinue with a certified ###### ### ######rapi### ###### an individual basis. Many of ###### ###udent’s ###### skills were in ######### range; ### ### was mildly impaired. In ###iti######, ###### ######rapi### n###ed that ### needed to work ###### ### ###skills. #### explained that ### is how you neg###iate ###### through ######s with peers and adults. In a #### setting, with a ######rapi### working ###### ###, ###### ###### would be very c######trived because it’s n### a natural setting. In ###### ###, it offers opportunity for ######s to arise naturally between ###### ###udent and ### peers, ###s and ###s. ######s arise naturally in a classroom setting, such as if a dispute should occur between ### and a child wanting to play with a car ### is playing with. In a ######e to ######e setting with a ######rapi### and a ###udent, ######re are ######### two ######. In a class setting with a ###, ######re are many ###### and many opportunities for ######s to develop organically.(Tr. 3111-3114) (Exhs. 14 and 16)
#### referenced #### ####’s report and n###ed that beside ###### fact that ### ### ###### ###### ###-###### were all in ######### range, mo### of ### ###errors were ### for a child who is younger than five. #### opined that it is n### appropriate to work ###### those #### that are ### in nature. Moreover #### ###ated that ###### ### shown from ###### ###- ###### are n### c######si###ent with a ###udent with ###### childhood ###. #### ###ated that “A child with ###### childhood ###would have very little ###output and ######ir ###output would be such that ######y had maybe ######e word utterances or very many ###### sub###ituti######s and very many idiosyncratic bizarre ###### errors that are inc######si###ent…” (Tr. at 3119) ###’s ### profile does n### fit within that category and ### does n### present as a child with ###### ###of ###.(Tr. 3118-3120)(Exh.16) #### ###ated that pr###ocols from ###### ###-###### are part of a child’s record and children’s records should be ke### until ###### child reac###s ###### age of 22 according to ###### New York ###ate Department Office of Professi######s.( Tr. at 3121)
#### ### te###ified that w###n #### admini###ers ###### ### ###### to a ###udent that #### li###s each subte###, ###### raw score, ###### ###andard score and ###### percentage score.(Tr. at 3127) #### ###ated that #### could n### tell from ###### needs secti###### what ###’s issues were with expressive skill ######. #### explained that ###### purpose of ###### needs secti###### in ###### IEP was to provide an overall view of ### needs.(Tr.3146-3147)
###### ### te###ified that #### is employed by ### school Di###rict as ###### ### #### and school ###. #### explained that ###### ###### day of ###### March 19, ### IEP meeting #### faxed to ###### m######r a copy of ###### classroom observati###### of ### that was c######ducted ###### day before. ###### ###udent’s school set ###### time and since ###### ###udent ######### attended school in ###### afterno######, ###### observati###### had to be d######e in ###### afterno######. #### ###ated that #### had a c######firmed appointment with ###### school. However, fifteen minutes prior to ###r 2PM appointment ###### ###udent’s ### called saying ###### observati###### could n### be d######e because ###### m######r had n### given permissi###### for it. #### called ###### m######r’s cell ph######e and left a message reminding ###### m######r that #### had c######sented to allow ###### observati###### to be d######e. ###### m######r did n### resp######d to ###r message, however at 1:55 #### received a message from ###### ### that ###### observati###### could be d######e, ###### m######r had c######sented. (Tr. at 3150; 3166-3169)
#### and ### went to ###### school. #### c######firmed that a letter dated March 15, ### was sent to ###### m######r reque###ing authorizati###### to do ###### observati######; #### did n### receive back a signed copy of c######sent form. #### received a letter from ###### m######r granting permissi###### and ###ating that ###### observati###### mu### be sc###duled through ###r, ###### later part was underlined. #### did n### know w#########r ### c######tacted ###### m######r before ###### observati######. (Tr. 3169-3171; Exh. 56)
###### cross –examinati######, #### acknowledged that #### chose March 15, ### via letter to reque### permissi###### for ### to do ###### observati######. ######, #### would have c######ducted ###### observati###### with #### ###; however #### had received copies of numerous private evaluati######s and decided #### wanted ###iti######al informati######. #### ###ated that faxes for ###r are received in ###### ###’s office and ###### secretary puts ######m in ###r mailbox. #### did n### know if some######e in ###### office underlined part of ###### m######r’s letter or n###. ###### re-direct #### ###ated that ###### no ######e would underline any informati###### c######tained in a fax. ###### fir### time #### c######tacted ###### school to do ###### observati###### with ### ###### school set up an appointment. ###### re-cross, #### could n### recall if ### had ever g######e to ###### school to do an observati######.(3174-3178; Exh. 56)
### ###, #### ###### March, ### IEP meeting; #### advised ###### m######r to think over ###### recommendati######s and that if #### was ###ill dissatisfied #### should c######tact ###### Di###rict. #### ### ###ated that had ###### m######r c######tacted ###### Di###rict, ######y would have c######vened an######r IEP meeting and rec######sidered ###### placement, if that was ###### issue. ###### m######r c######tacted ###### Di###rict by a letter dated July 28, ###, rejecting ###### proposed placement and seeking a c######tinuati###### of all of ### ###. #### ### discussed various secti######s of ###### IEP and identified ###### reports and evaluati######s that give rise to ###### descri###ive ###### c######tained in ###### Levels/Abilities and Needs secti######s as well as ######r secti######s. (Tr.3191-3193 and 3194-3196)(Exh. 43) #### acknowledged that all ###### te###ing results were n### included in ###### IEP; #### used ###### mo### recent evaluati######s and ###### more objective te###s that have better normative ###andards. In ###iti######, #### referenced ###### ######n current New York ###ate Educati###### Department guidance document ###### ###### an IEP, dated December,2002 as a source to determine w###re and what informati###### should be placed ###### ###### IEP.(Tr. 3210- 3213)(Exh. 57)
###### ###udent did n### exhibit any ###### that would sub###antially adversely impact ###### ### ability to be available for learning or impede ######rs from learning. Accordingly, it was n### necessary to do a ###; ### ###### were able to be c######trolled by redirecti######/temporary removal from ###### classroom. ######re is extensive #### am######g### all of ###### providers and ######rs who work with ###### children so that ###### ### ### could develop a general ### which would suffice to have every######e ###### ###### same page as to how deal with specific problematic ######. A general ### would provide a uniform approach and ###### to ###ress ###### child’s ######. (Tr. 3228-3231)
#### ### reviewed several goals to show ###### nexus between ###### goals and reports and discussi######s at ###### IEP meeting. #### ###ressed ###### c######tinuum of ######s for school aged children regarding how ###### home is overly re###rictive to receive ######s and that ### ######s are n### available. #### revisited ###### ### program to go over ###### time to be spent in ###### ### and what would be covered ######rein. #### explained that ###### proposed time to be spent in ###### ### class and what subjects would be covered were n### carved in #########e, but flexible and n###ed that ###### class sc###dules were ######n ###ill being developed. It was n### probable that ### would go to ###### same specials with b###h classes. #### referenced ###### Yale report to buttress ###### recommendati###### for ###### ### placement. (Tr. 3232-3236 and 3241-3243) (Exhs. 27 and 13)
During cross, #### ### recalled that #######, ######e of ### ### pathologi### ###ated that “### needed a very, very ###ructured envir######ment.”(Tr. at 3269) However, #### did admit ###### ####### had ######### worked with ###### ###udent for ######e m######th ######n. #### did n### know if ####### had a ### degree or if #### had observed ### in a ####setting.(Tr. 3269-3270) #### te###ified that ### had previously diagnosed ### with ###and subsequently reevaluated ### as having ###, #### n###ed ###### di###incti###### in ###### reports. However, #### did n### follow up with ### to find out if ###### change meant that #### no l######ger c######sidered ### ###. (Tr. at 3286) ###### re-direct, #### ###ated that w###n #### wr###e in ###### IEP that ### was regarded as having ###, no ######e c######tacted ###r to tell ###r ###### ###atement was wr######g.(Tr. at 3294;Exh. 4)
FINDINGS OF FACT AND DECISI######
A purpose behind ###### IDEA (20 U.S.C. §§ 1400 - 1487)1 is to ensure that ###udents with ### have available to ######m a FAPE (20 U.S.C. § 1400[d][1][A]; Schaffer v. Wea###, 126 S. Ct. 528 [2005]). A FAPE includes ### and ### designed to meet ###### ###udent's unique needs, provided in c######formity with a compre###nsive written IEP (20 U.S.C. § 1401[8]; 34 C.F.R. § 300.13; see 20 U.S.C. § 1414[d]).2 A board of educati###### may be required to reimburse parents for ######ir expenditures for private educati######al ######s obtained for a ###udent by ### or ###r parent, if ###### ######s offered by ###### board of educati###### were inadequate or inappropriate, ###### ######s selected by ###### parent were appropriate, and equitable c######siderati######s support ###### parent's claim (Sch. Comm. of Burlingt###### v. Dep't of Educ., 471 U.S. ######9 [1985]; Florence County Sch. Di###. Four v. Carter, 510 U.S. 7 [1993]; Cerra v. Pawling Cent. Sch. Di###., 427 F.3d 186, 192 [2d Cir. 2005]). In Burlingt######, ###### court found that C######gress intended retroactive reimbursement to parents by school officials as an available remedy in a proper case under ###### IDEA (id.). "Reimbursement merely requires [a di###rict] to belatedly pay expenses that it should have paid all al######g and would have borne in ###### fir### in###ance had it developed a proper IEP" (Burlingt######, at 370-71; see Applicati###### of ###### Bd. of Educ., Appeal No. 05-073). ###### parent's failure to select a program approved by ###### ###ate in favor of an unapproved o###i###### is n### it###### a bar to reimbursement (Carter, 510 U.S. at 14).
A FAPE is offered to a ###udent w###n ###### board of educati###### (a) complied with ###### procedural requirements set forth in ###### IDEA, and (b) ###### IEP developed by its ### through ###### IDEA's procedures is reas######ably calculated to enable ###### ###udent to receive educati######al benefits (Bd. of Educ. v. Rowley, 458 U.S. 176, 206, 207 [1982]). While school di###ricts are required to comply with all IDEA procedures, n### all procedural errors render an IEP legally inadequate under ###### IDEA (Grim v. Rhinebeck Cent. Sch. Di###., 346 F.3d 377, 381 [2d Cir. 2003]). If a procedural violati###### has occurred, relief is warranted ######### if ###### violati###### affected ###### ###udent's right to a FAPE (J.D. v. Pawlet Sch. Di###., 224 F.3d 60, 69 [2d Cir. 2000]). A denial of a FAPE occurs w###n procedural inadequacies ei######r result in a loss of educati######al opportunity for ###### ###udent, or seriously infringe ###### ###### parents' opportunity to participate in ###### IEP formulati###### process (see Werner v. Clark###own Cent. Sch. Di###., 363 F. Supp. 2d 656, 659 [S.D.N.Y. 2005]; W.A. v. Pascarella, 153 F. Supp. 2d 144, 153 [D. C######n. 2001]; Briere v. Fair Haven Grade Sch. Di###., 948 F. Supp. 1242, 1255 [D. Vt. 1996]), or compromise ###### development of an appropriate IEP in a way that deprives ###### ###udent of educati######al benefits under that IEP (see Arlingt###### Cent. Sch. Di###. v.
D.K., 2002 WL 31521158 [S.D.N.Y. 2002]).
In evaluating ###### sub###antive program developed by ###### ###, ###### Sec######d Circuit has observed that "'for an IEP to be reas######ably calculated to enable ###### child to receive educati######al benefits, it mu### be likely to produce progress, n### regressi######'" (Weixel v. Bd. of Educ., 287 F.3d 138, 151 [2d Cir. 2002] [qu###ing M.S. v. Bd. of Educ., 231 F.3d 96, 103 [2d Cir. 1998][citati###### and internal qu###ati###### omitted]; see also Viola v. Arlingt###### Cent. Sch. Di###., 2006 WL 300449 (S.D.N.Y)). ###### progress, however, mu### be meaningful; i.e., more than mere trivial advancement (Walczak, 142 F.3d at 130). ###### IDEA, however, does n### require school di###ricts to develop IEPs that maximize ###### p###ential of a ###udent with a disability (Rowley, 458 U.S. at 197 n.21, 199; see Grim v. Rhinebeck Cent. Sch. Di###., 346 F.3d at 379; Walczak, 142 F.3d at 132; Ant######accio v. Bd. of Educ., 281 F. Supp. 2d 710, 726 [S.D.N.Y. 2003]). ###### ###udent's recommended program mu### also be provided in ###### LRE (20 U.S.C. § 1412[a][5]; 34 C.F.R. § 300.550[b]; 8 ###RR 200.6[a][1]).
I have reviewed all ###### te###im######ial and documentary evidence. ###### Committee ###### Preschool ### (###) and ###### Committee ###### ### (###) c######vened an annual review, ### to ### ###al Individualized Educati###### Program (IEP) meeting ###### March 19, ###,(Exh. 4) ### was ###ing from ###### jurisdicti###### of ###### Committee ###### Preschool ### (###) to moving within ###### auspices of ###### Committee ###### ### (###). ###### ### recommended for ###### ### school year, a community school, ###, ### with a ### placement. ###### ###udent was to attend ###### ### for ###### daily; ###### remainder of ###### day ### was to be #### with an ###. ### were to be provided ###### a ### basis, over a period of a , in a ###. ####al ######rapy (###) was to be provided in a group, for four thirty minute sessi######s. #### ######rapy (###) was to be provided in a group, twice weekly, for ######e hour and ### and ###### ###### ######rapy was recommended for group sessi######s, six times a week, for ######e hour per sessi######. ### was to be provided ###### a #### basis, every six weeks, for ######e hour, outside of ###### classroom. Special transportati###### was recommended, door to door. ###### ###udent was deemed to be ineligible for an extended school year. (Exh. 4)
At ###### time of ###### filing of ###### complaint ###### ###udent was five years old and classified as ###. ###### parents filed a Due Process Complaint ###### or about Augu### 6, ### seeking declaratory and Burlingt######/Carter reimbursement relief for ###’s ### program and ######s for ###### twelve-m######th ### school year. ###### relief sought included hours of ###/### ###### ######th of ### supervisi######/####ati###) ### and ###### ######rapy at school, at home and in ###### community.(Exh. A)
###### ###udent’s program, including all of ###### above-li###ed ######s, was to be provided ###### a 365-day basis, excluding holidays. In ###iti######, ###### parents sought to be reimbursed for all ######s secured for ###### ###udent that were appropriate; ######y sought compensatory ######s for all hours owed and transportati###### expenses.(Exh. A) ###### parents invoked ###### ###udent’s ###atutory pendency entitlements based ###### ### February 9, ### IEP. ###### ###udent’s pendency program c######si###ed of ###### aforementi######ed program and ######s li###ed in ###### relief sought, exce### for ###### ###iti###### of four hours per m######th, of ### supervisi######/####ati###### ######s. (Exhs. IHO 1and A)
###### Di###rict argues that ###### parents are n### entitled to ###### relief reque###ed and that ###### Di###rict offered ###### ###udent a FAPE. Moreover, ######y argue that ###### parents have n### met ######ir burden of proving that ###### reque###ed ######s, compensatory, remedial educati###### and reimbursement for expenses are appropriate. Also, ######y c######tend that ###### equities favor ###### Di###rict. In ###iti######, ###### parents have failed to submit any evidence as to ###### co###s, if any, for ######s and expenses incurred in order to obtain an appropriate educati###### for ######ir s###### for ###### ### school year. ###### parents have failed to meet ######ir burden with regard to co###s and ######refore are n### entitled to ######ir reque###ed reimbursement for ######se co###s.
###### parents alleged that ###### ### School Di###rict committed numerous procedural and sub###antive errors in its development of ###### ###udent’s ### IEP. Based ###### ######se alleged errors ei######r ###### an individual or collective basis, ######y e###ablish that ###### Di###rict failed to provide a FAPE. ###### alleged errors are ###ressed individually, in ###### order presented by ###### parents, in ######ir Due Process Demand.(Exh. A)
1) “###### IEP fails to n###e that ### was successfully ####.”
However, ###### parents do n### cite any authority to support ######ir claim that ###### Di###rict is obligated to indicate such informati###### ###### ###### IEP. To ###### c######trary, te###im######y elicited at ###### ###aring, clearly indicated that ###### Di###rict is n### under any obligati###### to n###e that ###### ###udent was ####. #### ### te###ified that ###### Di###rict is n### required to indicate that a child was ####. Moreover, ### ###ated that an IEP is a document that indicates ### programs and ######s.(Tr. at 163 and at 826 )
2) “###### IEP fails to sy###emically ###ress ###### need to ######e ###’s independence in a main###ream setting despite ### proven success at being in such a setting violating ### Lea### Re###rictive Envir######ment (LRE) rights and mandate;”
###### ### recommended a ### program which provided ###### ###udent an opportunity to spend as much time in a ####setting as ### could handle. ###, ### ### who worked with ### four days a week, reported that ###### ###udent c######tinued to engage in ### and that removal from ###### nursery class to a different envir######ment served as an effective redirecti###### tool w###n ### is upset. (Exh.25) #### ### ###ated ###### ### was aware of reports that ### did sometimes require removal from class and that ###### ### class would offer ### relief from ###### #### w###never ### needed a change of envir######ment, to regroup. (Tr. 163-165) ### n###ed that based ###### ###r observati###### and knowledge of ###, #### thought that ### would be #### earlier than ###### six weeks which is ###### ### time main###reaming ###arts for ###r ###udents. Moreover, #### n###ed that if ###### in ###r classroom was too much ######n an IEP meeting would be c######vened to reduce ###### time spent in ###### ### based ###### ### specific needs.(Tr. 829-830) ###### proposed ### placement in a community school is ###### lea### re###rictive envir######ment ###### ###### c######tinuum of ### placements and ######s.(Tr. 163-164) In ###iti######, it should be n###ed that ###### parents wanted to c######tinue ###### ###udent’s ### with a ### which is ###### mo### re###rictive type of program, ####, without any peer group. (Exh. A)
3) “###### Di###rict inappropriately recommended that ### be placed in a ### ‘###’ although ### is capable of being placed in a main###ream setting to achieve meaningful progress,”
#### ### ###ated that ###### ### recommended ###### ### placement based ###### reports which indicated ### needed to be removed from ###### ### class sometimes because of challenging behavior issues and that ### required pre-teaching.(Tr. at 165, 168-170 and at 171)(Exh. 25)### observed ###### ###udent twice in ###, at school and at home. #### te###ified that based ###### ###r observati######s and familiarity with ###### ### program and class profile, ### would have been appropriately placed in ###### ### class because of ###### supports and ###### high adult-child ratio. ###### high adult -child ratio, would have provided sufficient ###aff to be able to ###ress any c######cerns that may arise. (Tr. at 461 and 464-465)
4)“###### Di###rict solely recommends that ### enter ###### #### via #### educati######, which is inappropriate given that ### is capable of being placed in a main###ream setting. Permitting ### to enter a main###ream setting for #### educati###### does n### h######or ###### legal mandate that ### be placed in ### lea### re###rictive envir######ment;”
#### ### ###ated that ###### ### is required by New York ###ate law to indicate ###### type of #### educati###### that a ###udent will be receiving. (Tr. at 170) ###### discussi###### at ###### March, ### meeting, included main###reaming for lunch, special area classes, music, gym and art. (Tr. at 164) Moreover, ###### amount of time that ###### ###udent would have spent in ###### main###ream setting was an ######going process to be determined by ###### team based ###### ###### ###udent’s needs. At ###### IEP meeting, ######re was discussi###### that ### math skills were ###r######g and that was a possible area for ### to be #### in. (Tr. 733-734 and at 738)
5) “###### levels of ####al ######rapy, #### ######rapy, ### and ######
######rapy recommended by ###### Di###rict are inappropriate and will n### meet ###’s needs;”
#### ###### te###ified that direct ######s are available to ### children in ###### ###, if ###### need is ######re. (Tr. at 1092)#### ### ###ated ###### ###udent’s ### ### ###### ###### ###-Preschool te### indicates that ### ### ### were in ######### to ### range. ### did n### need remediati###### in ###### acquisiti###### of rece###ive and #### which makes ###### ### appropriate to ###ress ### needs. (Tr. 75-76)(Exhs. 4 and 14)
6) “### requires more support from ### related ###### providers than what can be offered ###### a ###;”
#### ### te###ified that based ###### ### te###ing in ###, many of ### skills are age appropriate and, ### ###### errors can be remediated in ###### ###. (Tr. at 73 and at 92) #### te###ified that based ###### ###’s progress reports and te###ing, ### had made significant progress in ####al ######rapy, #### ######rapy and ###/###### ######rapy over ###### course of ### preschool year. ### had solid skills; ###### ### would meet ### needs and ### m###or goals could be ###ressed throughout ###### day with various ###aff members across different envir######ments. (Tr. 252-254)(Exhs. 4 and 14) ### ###ated ###### ###udent is showing good skills across ###### related ###### areas and ###### ### would be good for ### because it works towards a generali### approach to teaching and offers ###### opportunity to work ###### ### skills throughout ###### day.(Tr. 465-467)
7) “###### IEP inappropriately indicates that ###### ###udent does n### require te###ing accommodati######s;”
#### ### ###ated that ######re are no te###ing requirements for ### children.(Tr. at 179)
8) “###### ### failed to c######sider ###### ‘full c######tinuum’ of educati######al
######s and supports for ###;”
#### ### te###ified that ###### ### c######sidered ###### c######tinuum of educati######al ######s and supports; ######y reviewed ### ######n current ######s and tried to look at parallel types of ######s.(Tr. at 179 and at 3262) (Exh. 4)
9) “###### Di###rict ignored ###### recommendati######s made by ###### professi######als who have been working with ###;”
#### ### te###ified that ###### ### c######sidered all of ###### comments made at ###### IEP meeting and informati###### provided by all of ###### professi######als.(Tr. at 180) #### discussed in detail why ###### parents reque### to c######tinue ###’s preschool program for an######r year was n### appropriate. #### ###ated that ###### majority of ### skills were comparable with children entering ###. ###### ### in ### would n### be age appropriate ### for ###. In ###iti######, ###### skills that ### covered, ### had already ma###ered and ### needed to enhance those skills by going to ###### next level.(Tr. 323-324)
10) “###### Di###rict admits that ### has been successful for ### but recommended removing ### ### program, with no rati######ale based ###### any scientifically proven research, peer reviewed research, evaluati######s, assessments or reports indicating that such a reducti###### would be in ###’s be### intere###. ### will regress without maintaining ### ### program with trained and qualified providers at an appropriate level;”
#### ### te###ified that ### is n### a program; it is a ###. ###### Di###rict removed ###### ### program; ###### ### is n### available ###### ###### ### c######tinuum. ###### ### program is ######### available for preschool children ###### ###### ### c######tinuum. ###### recommended ### program utilizes ### throughout ###### day, including in b###h ###### ### as well as ###### ####.(Tr. 180-181) ### ###ated that ###### ###s for ###### proposed class each have a Bac###lor’s degree and specialized training in #### and working with children with ### ###. #### has trained ######m in ### and training is d######e in class and after class. ### ### is used throughout ###### day, including ###, ### and graphing of ###### ###.(Tr.547-548) Some of ###### ###s have been with ###### ### program since its ince###i###### approximately eight years ago. Initially before ###### program was ###arted ######y were given extensive training with an ### ####ant and some of those ###s are ###ill with ###### program.(Tr.166-167) ### would be used with ### by ###### ### ###, ###s and related ###### providers. (Tr. at 952)
(11) “###### Di###rict’s IEP fails to n###e anyw###re ###### actual program and
######s Peter received during ###### ###-### school year. ###### Di###rict claims that ### would spend half ###### day in ###### main###ream, but now###re ######
###### IEP is ###### n###ed. Indeed, ###### IEP n###es that ### ‘will n### participate in ####programs and activities for 2.5 hours daily,’ Fur######rmore, no(1:1)
teaching assi###ant or paraprofessi######al was offered to go into ###### main###ream with ###;”
#### Cowan acknowledged that IEP ######### indicates that ###### ###udent will spend 2.5 hours daily in a ### class. #### explained that ###### IEP does n### indicate ### would spend ###### re### of ###### day in a ####setting because ###### IEP ######### identifies ### and ######s. However, ### would be #### for ###### re### of ###### day with a ### or an ###.(Tr. 1184-1187) ### n###ed that ###### ###udent w###n #### is always accompanied by a ### or ###, it is programmatic. (Tr. at 900) In ###iti######, #### te###ified that main###reaming ###udents and having an ### travel with ###### ###udent w###n ### is #### is part of ###### model of ###### ### class. (Tr. 271-272)
(12) “###### comment secti###### of ###### proposed IEP fails to n###e what ###’s
### providers and ### classroom ###s ###ated during ###### IEP meetings with regards to ###’s progress, needs and regressi######;”
#### ### ###ated that ######re is no requirement to have a comments secti###### ###### ###### IEP and if ######re is a comments secti###### included ###### ###### IEP, ######re are guidelines regarding what needs to be set forth ######re .(Tr. at 184)
(13) “###### present levels of abilities and needs are vague and do n### accurately reflect ###’s abilities and needs;”
#### ### te###ified that #### believed that ###### present levels of abilities and needs accurately reflect ###### abilities and needs discussed at ###### IEP meeting and culled from reports and evaluati######s.(Tr. at 184) ###### m######r ###ated that #### never c######tacted ###### Di###rict regarding ###### functi######ing levels and that #### never said ###### functi######ing levels were incorrect ###### ###### IEP. (Tr. at 26######) ###### m######r acknowledged that at no time was #### n### allowed to comment or express ###r c######cerns. (Tr. at 3005)
14)” ###### Di###rict fails to offer ### a behavi###### interventi###### plan despite n###ing ###### pages 4 and 5 of ###### IEP that ‘picture sc###dules and behavi###### interventi###### provide ###### ###ructure ### needs to ### between activities’ and ‘### can display ### such as laying ###### ###### floor, throwing and kicking nearby items;”
### had observed ###### ###udent; #### did n### see any inappropriate interacti###### by ### with any######e. #### was told by ###### ### that ### can be aggressive, such as hitting and kicking. #### ###ated that if ### displayed ###s in ###r class, different approac###s would be used. #### would try to find out ###### functi###### of ###### hitting and kicking. If ###### behavior persi###ed, ######n #### would develop a ### and a ###.(Tr. 819-820) ###### ### progress report indicates that ###### ###udent does occasi######ally engage in ###. However, those ###### can be ###ressed by removing ### from ###### classroom; ###### change of envir######ment is effective as a redirecti###### tool w###n ### becomes disru###ive. (Exh. 25) #### ### te###ified that a behavi###### interventi###### can be as simple as patting some######e ###### ###### back. ######re are many types of behavi###### interventi######s that can be employed without ###### a ###. Behavi###### programs would be created to ###ress unwanted ######. ### ###### as reported did n### necessitate a ###; it was reported that ###### ###udent could simply be removed from class and redirected to properly re-engage in an activity. (Tr. 185-186 and 3228-3229) ### te###ified that a ### was n### necessary to ###ress ### ######. (Tr. 3024-3026)
15) “###### proposed IEP ###ates that ### does n### require assi###ive technology devices or ######s but n###es that ### does n### dem#########rate
###### appropriate expressive #### skills;”
#### ### n###ed ######re was no indicati###### from any######e that any assi###ive technology was needed or that anything was needed bey######d what was programmatically provided for ###. (Tr.186-187) #### #### c######ducted several ###andardized te###s in February, ###; #### reported that ###### ###### CAPP ### had errors in ###### form of ###### sub###ituti######s, omissi######s and di###orti######s. ###### ###-Preschool te### results indicated that ###### ###udent had age level ###### skills with deficits in ###### areas of lingui###ic c######ce###s. ###### ###### ####-3 ### ### were in ######### range with ###### exce###i###### in ###### area of ###blending. (Exh. 14) ### c######ducted a neuro### reevaluati###### in December 15, ###; #### admini###ered ###### ###-###### te###, ###### ###udent scored in ######### range in ###### areas te###ed exce### ### scored in ###### low### in ###### rece###ive ###### index. #### made numerous recommendati######s in ###r evaluati######; n######e menti######ed assi###ive technology. (Exh. J) ###### Yale report c######ducted in January, ### c######si###ed of a battery of cognitive and diagno###ic te###s. ###### evaluator provided an extensive li### of recommendati######s, n######e of which spoke to ###### need of any assi###ive technology. (Exh.13)
16) “###### Di###rict’s proposed IEP also inappropriately ###ates that ### does n### require program modificati######s, accommodati######s or supplementary ###s and ######s;”
#### ### te###ified that ######re was no reque### made by any######e for ###### ###udent to be provided with modificati######s, accommodati######s or supplementary ###s and ######s.(Tr. at 188) ######re were several evaluati######s and progress reports submitted before ###### March 19, ### IEP meeting and after that meeting; n######e indicated that ###### ###udent needed any modificati######s, accommodati######s or supplementary ###s.( Exhs. 4, 13, 14, 23, 24 and J) ###### record indicates that ###### parents did n### provide any supporting documentati###### to e###ablish any such need.
17) “Progress towards ######se Goals and Objectives as written in ###’s proposed IEP cann### be objectively measure;”
#### ### ###ated ###### goals could be objectively measured; #### explained that ######re are enumerated measurements to objectively measure a goal. #### fur######r explained that ### is taken ###### all of ###### goals and that trials of 10 are being ke###. #### cited as an example, goal #21 requires that ### performs a specific task, ###### five c######secutive occasi######s, with 80% success. (Tr. 188-189)(Exh. 4)
18) “###### IEP’s Goals and Objectives are insufficient, and many Goals and Objectives are vague, n### objectively measurable and/or inappropriate for ###;”
#### ### opined that ###### goals are appropriate and adequately reflect ###### ###udent’s needs as discussed at ###### meeting. ###### goals are all observable, measurable and meet ###### criteria for goals.(Tr. 189-190 and 195-196) ####### ###ated that looking at ###### ### and ###### goals as written for Se###ember, ###, #### would know how to implement ######m.(Tr. 1370-1373)
19) “###### Goal secti###### of ###### IEP ###ates that ###### ### ### will be resp######sible for tracking ###’s progress or lack ######reof toward ### annual Goals.
###### is nei######r appropriate nor sufficient. ### would n### have been ######
######### child with an IEP in ###### classroom;”
#### explained that w###n it says primary resp######sibility, ### ###, under a goal, it means ###### ### ### is resp######sible for reporting ###### ###### ###udent’s progress toward that goal. However, ###### ###s, ###### providers and ####all are providing input ###### ###### child’s progress towards reaching ###### goal. Also, Ms ### indicated that input ###### ###### ###udent‘s progress ###### ### goals would come ######r members of ###### team as well as ###### ### ###. (Tr. 320-321 and at 388) (Exh. 4)
20) “###### IEP ###ates that ###’s parents will be provided with reporting ###### ###’s progress toward ### annual goals ju### three times during ###### school year. ###### is insufficient; given ###’s presentment ###### ###### ### ###### and ###tory, it has been shown that regressi###### can occur over ju### a short break in programming and ######s.”
###### parents will have ###### ability to communicate with ###### ###udent’s ###s and providers ###### a daily basis via ###### #### n###e#### that goes back and forth. ###### IEP indicates ### will be available every six weeks. ###### parents are free to c######tact ###### ### by teleph######e. (Tr. 389-390; Exh. 4)
In ###iti######, ###### parents’ asserted that ###### Di###rict predetermined ###’s program, failed to give due c######siderati###### of ###### recommendati######s and reque### of ###’s parents and ###### professi######als who worked with ###. ###### parents and ######ir professi######als who evaluated ### recommended ei######r wholly or in part that ###### ###udent repeat ### and c######tinue with a ### for thirty five hours and have all ### to be provided ###### an individual basis. (Exhs. D, F, G and J) #### ### te###ified that ###### Di###rict c######sidered ###### full c######tinuum of placements and ###### parents’ reque### to c######tinue ### ### program; b###h were discussed.(Tr. 692-693) Fur######rmore, ###### placement and programs c######sidered are memorialized in ###### IEP under ###### secti###### titled “######r O###i######s C######sidered.”(Exh. 4) ###### m######r te###ified that several evaluati######s of professi######als #### had retained were read pursuant to ###r reque### at ###### meeting and ######n ######re was more discussi######.(Tr. 2487-2488) ### admitted that ###### ### does n### have to follow programming recommendati######s made by outside ####ants. (Tr. 1565-1566)
It appears that ###### parents armed with ######ir professi######als’ evaluati######s did n### come to ###### March, ### IEP with an open mind; ###### parents appeared to be determined to maintain ###### ### program and ######s. It is n###eworthy that #### wr###e in ###r observati###### report, dated March 2, ###, that b###h ###, ###’s ### and ###### preschool ### who also worked with ### extensively, recommended placement in a main###ream ### class with a shadow ###.(Exh. 12) ### admitted that ###r ######### familiarity with ###### proposed ### placement was ###### paper; #### never observed it. #### acknowledged that #### did n### have any informati###### ###### ###### credentials of ###### ###s, ###s or related ###### providers.(Tr. 2812-2814) #### did n### know ###### class profile of ei######r of ###### proposed classes or ######ir functi######ing levels.(Tr. at 2816) ### recommended an increase in ###### ###udent’s ### and ### without ###### benefit of meeting or c######ferring with ei######r ######rapi### to ascertain if ei######r thought ### needed an increase in ######s. (Tr. 2806-2807)
#### te###ified that #### disagreed with ###### parents’ proposal for ### to ###ay in preschool because ### had ### readiness skills. #### believed that with supports and ######s to ###ress ### unique ### needs as offered in ###### ### placement ### could be successful. Also, in preschool, ###### level of skills being taught would n### be challenging for ### since for ###### mo### part, ### had already ma###ered those skills and was ready for ###### next level. ###### ###udent needed age appropriate ### which ### would have been exposed to w###n ####. ###### parties b###h agreed that ###### ###udent was n### yet ready for a full time ####### class. ###### Di###rict offered a hybrid model that afforded ###### ###udent an opportunity to be #### with supports, to be educated with age appropriate peers (###) and to fur######r advance ### skills academically, ######### and em###i######ally.(Tr. 323-324)
At ###### same time, ### main###reaming would be determined ######### by ### ability to comfortably handle ###### main###ream setting. ### would receive pre-teaching and ### in ###### ###. ###### ###### ######r hand, ###### parents sought to maintain ### ######s for home and school and have all ### provided ###### an individual basis. ###### parents’ proposed program was very re###rictive; it would have sub###antially reduced ###### child’s opportunity to have different adults work with ### to ###ress ### #### in different settings.(Tr. 300-301) Also, it would have significantly reduced ###### opportunity for ### to interact with age appropriate ###. (Tr. at 324)###### record is replete with te###im######y that ###### ### program was flexible and nimble enough to implement whatever changes were needed to ###ress ### unique ### needs, such as if ### needed any individual ###, ### and/or ### it could be provided and was in fact provided for a ###udent in ###### proposed class.(Tr. 829-830; 898-899 and at 1300.
######re was a ### in ###### class and if ###### ###udent’s problematic ###### increased, ###### ### with ### would develop a ###. (Tr. at 836) ###### absence of a ### does n### rise to ###### level of a procedural violati###### under ###### IDEA if ###### IEP identifies ######r means to ###ress ###### ###udent’s problematic ######. ###re, ###### Di###rict indicated it would provide “picture sc###dules and behavi###### interventi######” for facilitating ### between activities.(Tr.851-852 and 1258-1259)(Exh. 4) Also, for more ### removal from ###### classroom may serve as a redirecti###### tool. (Exh. 4) M.H. v. N.Y.c. Dep’t of Educ., 712 F. Supp. 2d 125 (S.D.N.Y. ###)
###### class profile indicates that at lea### ######e child was very similar to ### academically, ###r######g in math and needed to improve ### ###### skills; an######r ###udent a fir### grader who had good academic and ###### skills was #### for mo### of ###### day. (1296-1297)###### class profile shows that some of ###### ###udents were high functi######ing. (Tr. at 834; 1283-1285 and 1286-1287 ###### class profile differs from an earlier preschool setting profile, w###n ###### m######r split ###### ###udent’s day between a ### and a main###ream class. ######re #### alleged that ###### ###udents in ###### ### were all low functi######ing.(Tr. 2414-2415 and at 2418)
###### parents were afforded meaningful opportunity to participate at ###### ### meeting, to express ######ir c######cerns and to ask que###i######s. ###### m######r c######ceded that #### and ###r husband were able to express ######ir c######cerns and discuss anything. (Tr. at 2932 and at 3005) ###### parents were clearly informed that ###### ###udent would be in a ### class for ###### and that for ###### remainder of ###### day ### would be in a ####. ######y were told that ###### ### were to be provided ###### a ### and ###### ### was explained to ######m. (Tr. 2975-2976 and 2978-2981) Under Federal and New York ###ate regulati######s, ###### ### is mandated to provide ###### parents with a meaningful opportunity to participate in ###### process of ###### an IEP for ######ir child. However, ###### ### does n### have to accede to ###### parents reque###s. Applicati###### of a Child with a Disability, Appeal No. 98-26; Applicati###### of a Child with a Disability, Appeal No. 98-26.
Based ###### ###### foregoing, I find that ###### Di###rict offered ###### ###udent an appropriate educati######al program that would more likely produce meaningful progress, n### regressi######, in ###### lea### re###rictive envir######ment. ###### Di###rict’s March 19, ### IEP was procedurally and sub###antively appropriate. Accordingly, I find that ###### Di###rict offered ###### ###udent a “free appropriate public educati######” within ###### meaning of ###### IDEA.
Dated:
###### ###ESQ.
Impartial ###aring Officer
DOCUMENTATI###### ENTERED INTO ###### RECORD ###### OCTOBER 29, ###
Document No. Date Descri###i###### 1 7/7/10 Committee Recommendati###### for C######tinuati###### of ######s,
Letter from ### ### to Mr. ### and #### ###### (2 pgs.) 2 7/2/10 Committee Recommendati###### for C######tinuati###### of ######s,
Letter from ### ### to Mr. ### and ####
###### (1 pg.) 3 6/4/10 Committee ###### Preschool ###
Recommendati###### for C######tinued ######s, Letter from ### ### to Mr. ### and ### (1 pg.) 4 3/19/10 IEP ### (12 pgs.) 5 3/2/10 Committee ###### Preschool ### Meeting, Letter from ### ### to Mr. ### and ### (1 pg.) 6 2/22/10 Amended IEP without a Formal Committee Meeting, Letter from ### ### to Mr. ### and ### with attac###d: IEP Amendment Agreement and C######sent
Form and e-mail from ### to Susan Eliasoph (3 pgs.) 7 2/9/10 Reque### for Agreement to Amend an IEP without a Formal
Committee Meeting, Letter from ### ### to Mr.
### and ### with attac###d IEP Amendment
Agreement and C######sent Form (2 pgs.) 8 1/28/10 Committee ###### Preschool ### Meeting, Letter from ### ### to Mr. ### and ### (1 pg.) 9 1/12/10 Reque### for ### Meeting (1 pg.) 10 3/18/10 ###udent Observati###### by Carolyn S. Ryan, Ph.D., ###-D (2 pgs.) 11 3/17/10 Regressi###### Measurement Tool (3 pgs.)
Document No. Date Descri###i###### 12 3/2/10 Preschool Classroom Observati###### by M. ####, Psy. D. (2 pgs.) 13 3/1/10 Child Neuroscience Laboratory Research Project by ###### Julie Wolf (Yale University) (7 pgs.) 14 2/16/10 ### ###### Report by Patricia #### (6 pgs.) 15 2/13/10 Educati######al Observati###### Report and Recommendati######s by ###### Carol A. Fiorile (11 pgs.) 16 12/15/09 Neuro### Reevaluati###### by ###, MD,
FAAP, MA, ######-###### (5 pgs.) 17 11/4/09 Preschool Classroom Observati###### by M. ####, Psy.D. (2 pgs.) 18 1/15/08 ### by Alan J. Wenderoff, Ph.D. (6 pgs.) 19 1/15/08 ###### ###tory by Alan J. Wenderoff, Ph.D. (2 pgs.) 20 6/19/10 Quarterly Progress Report Related ###### by ###
Reinhard, MS, ######-###### (2 pgs.) 21 6/16/10 Quarterly Progress Report Related ###### by ####
Nucci, Margaret Cunningham-Brown and Barbara
M######teli######e (2 pgs.) 22 6/16/10 Quarterly Progress Report Related ###### by ####
Nucci, Margaret Cunningham-Brown (2 pgs.) 23 6/15/10 Quarterly Progress Report Related ###### by Jacqueline
###ein, MS, ###R/L (2 pgs.) 24 6/10/10 Quarterly Progress Report Related ######- Guidance
In###ructi######s by Frances Bridgwood, MA, ### (1 pg.) 25 6/1/10 Quarterly Progress Report ### ###### by Julie Tuifel (2 pgs.) 26 4/8/10 Quarterly Progress Report Related ###### by ###
Reinhard, MS, ######-###### (2 pgs.)
Document No. Date Descri###i###### 27 3/1/10 Annual Review Progress Report, ### ###### by Julie Tuifel (2 pgs.) 28 2/22/10 Annual Review Progress Report, Related ###### by
Jacqueline ###ein (8 pgs.) 29 2/22/10 Annual Review Progress Report, ### ###### by
Margaret Cunningham-######, MS, BC###, Noreen
Norcini, Regina Biscardi. Barbara M######teli######e (3 pgs.) 30 2/21/10 Annual Review Progress Report, Related ###### by Kri###el
Reinhard, MS, ######-###### (2 pgs.) 31 2/3/10 Annual Review Progress Report, Related ###### by
Frances Bridgwood MA, ### (2 pgs.) 32 1/25/10 Quarterly Progress Report, Related ###### by Margaret
Cunningham-###### (1 pg.) 33 1/15/10 Quarterly Progress Report ### ######, by ####
Nucci, Noreen Norcini, Margaret Cunningham-Brown,
Regina Biscardi, Barbara M######teli######e, and Audrey Wunsch (3 pgs.) 34 1/15/10 Quarterly Progress Report, Related ###### by Jacqueline
###ein, MS, ###R/L (2 pgs.) ###### 1/10/10 Quarterly Progress Report, Related ######, Guidance
In###ructi######s by Frances Bridgwood, MA, ### (1 pg.) 36 1/7/10 Quarterly Progress Report ### ######, by Julie Tuifel (2 pgs.) 37 11/15/09 Quarterly Progress Report Related ######, by Jacqueline
###ein, MS, ###R/L (2 pgs.) 38 11/3/09 Quarterly Progress Report, Related ######, Guidance In###ructi######s by 39 10/30/09 Quarterly Progress Report Related ######, by E , MA, ######/###### (3 pgs.) 40 10/18/09 Quarterly Progress Report ### ###### by and (3 pgs.) Document No. Date Descri###i###### 41 10/1/09 Quarterly Progress Report ### ###### b (2 pgs.) 42 8/10/10 Letter from ### ### to ### and #### (1 pg.) 43 7/28/10 Letter from Mr. ### and ### to #### (1 pg.) 44 n/a Letter from ### ### to Parent(s) (1 pg.) 45 3/1/10 Letter from ### to ###/ ### Committee (1 pg.) 46 1/5/10 Letter and enclosure by ### ### (2 pgs.) 47 12/09 ### Regi###rati###### (3 pgs.) 48 n/a Legal ###### Agencies (1 pg.) 49 n/a Procedural Safeguards N###ice (23 double sided pgs.) 50 8/16/10 Di###rict’s Resp######se to Due Process Complaint (16 pgs.) A 8/6/10 Demand for Due Process and Pendency (5 Pgs) B 3/19/10 ### #### IEP (12 Pgs.)
C 5/6/10 Observati###### Summary and Program Review By, Ph.D., ###-D (8 Pgs.) D 3/23/10 Follow Up ###### Evaluati###### B###n, Ph.D.
and ### ### ###, MA, Ph.D. (4 Pgs.) E 7/14/08 Initial Behavi###### Evaluati###### By: ###### Co###n, Ph.D. and ### ### ###, MA, Ph.D. (5 Pgs.) F 4/8/10 Follow-Up Report By: ######, Ph.D., ###-D, SAS (5 Pgs.) G 2/13/10 Educati######al Observati###### Report and Recommendati######s By:
######, Ph.D., ###-D, SAS (11 Pgs.) H 1/29/10 ChildResearch Project
University By: Ph.D. (7 Pgs.)
Document No. Date Descri###i###### I 2/16/10 ### and ###### Progress Report By: P.
####, M.A., ###### (6 Pgs.) J 12/15/09 Neuro### Reevaluati###### By: ###,
M.D., M.A., ######- and ######- (5 Pgs.)
K BLANK
L 6/19/10 Quarterly Progress Report, Fir###
By: ###, M.S. ######-###### (2 Pgs.)
M 6/16/10 Quarterly Progress Report, ### ###### By: (2 Pgs.) N 6/10/10 Quarterly Progress Repo
By: M.A., ### (1 Pg.)
O 6/1/10 Quarterly Progress Report, ### ###### By: (2 Pgs.) P 2/22/10 Annual Review Progress Report, ### ######
By:
####i, andi######e (3 Pgs.) Q Annual Review Progress Report (5 Pgs.)
R 2/3/10 Annual Review Progress Report Related ###### By: M.A., ### (2 Pgs.) S 9/27/10 Letter from Parent to #### ### ###,
Assi###ant to ###### , ### #### (with fax c######firmati######) (4 Pgs.) T 9/22/10 Letter from Parent to #### ### ###, ######
###ant to ###### ### #### (with fax c######firmati######) (2 Pgs.) U 9/13/10 Letter from Parent to #### ### ###, ######
Assi###ant to ###### Superintendent, ### #### (with fax c######firmati######) (2 Pgs.)
Document No. Date Descri###i###### V 9/3/10 Letter from Parent to #### ### ###, ######
Assi###ant to ###### Superintendent, ### #### (with fax c######firmati######) (3 Pgs.) W 9/2/10 C######sent for Professi######al C######tact (with fax c######firmati######) (2 Pgs.) X 7/28/10 Letter from Parent to #### , #### for
###, ### #### (with fax
c######firmati######) (2 Pgs.) Y 6/1/10 Letter from Parent to #### , #### for
###, ### #### (with fax c######firmati######) (4 Pgs.)
DOCUMENTATI###### ENTERED INTO ###### RECORD ###### FEBRUARY 16,
###### 51 9/16/10 Letter from #### ### (2 pgs.)
DOCUMENTATI###### ENTERED INTO ###### RECORD ###### MARCH 22, ######
Z 3/10/10 ### #### ### ###### IEP (12 Pgs.)
DOCUMENTATI###### ENTERED INTO ###### RECORD ###### JULY 20, ######
52 n/a ###es (5 pgs.)
DOCUMENTATI###### ENTERED INTO ###### RECORD ###### JANUARY 26,
###### 53 various Letter Packet (17 pgs.)
DOCUMENTATI###### ENTERED INTO ###### RECORD ###### FEBRUARY 15,
###### 54 3/16/10 Fax with attachment (2 pgs.) 55 3/19/10 Fax with attachment (1 pg.) 56 3/15/10 Letter from ###, Ph. D. with attac###d 3/16/10 letter from ### (2 pgs.)
DOCUMENTATI###### ENTERED INTO ###### RECORD ###### MARCH 28, ######
Document No. Date Descri###i###### 57 undated Sample Individualized Educati###### Program and Guidance Document (7 pgs.)
DOCUMENTATI###### ENTERED INTO ###### RECORD ###### JULY 11, ######
Document No. Date Descri###i######
AA . BLANK
BB 9/8/11 Affidavit ###### ### (1 Pg.)
PLEASE TAKE N###ICE
Within ###### days of ###### date of ###### decisi######, ###### parent and/or ###### New York City Department of Educati###### has a right to appeal ###### decisi###### to ###### ###ate Review Officer of ###### New York ###ate Educati###### Department under Secti###### 4404 of ###### Educati###### Law and ###### Individuals with ### Educati###### Act.
“###### n###ice of intenti###### to seek review shall be served up###### ###### school di###rict n### less than 10 days before ###### of a copy of ###### petiti###### for review up###### such school di###rict, and within 25 days from ###### date of ###### decisi###### sought to be reviewed. ###### petiti###### for review shall be served up###### ###### school di###rict within ###### days from ###### date of ###### decisi###### sought to be reviewed. If ###### decisi###### has been served by mail up###### petiti######er, ###### date of mailing and ###### four days subsequent ######reto shall be excluded in computing ###### 25- or ######-day period.” (8###RR279.2[b]) Failure to file ###### n###ice of intenti###### to seek review is a waiver of ###### right to appeal ###### decisi######.
Directi######s and sample forms for filing an appeal are included with ###### decisi######. Directi######s and forms can also be found in ###### Office of ###ate
Review website: www.sro.nysed.gov/appeals.htm.