Impartial Hearing Decision

NEW YORK STATE EDUCATION DEPARTMENT

IMPARTIAL HEARING

In the Matter of the Section 200.5(c) of the Commissioner's Regulations Impartial Hearing on behalf o parents

Petitioners

-against-

East Meadow Union Free School District

Respondent

BEFORE:

Robert W. Mackreth

Impartial Hearing Officer

HEARING OFFICER'S FINDINGS AND DECISION

PARENTS' POSITION

The East Meadow Union Free School District failed to providegggaI with a free and appropriate public education for the 2011-2012 school year. The IEP developed by the Committee on Special Education at its May 26, 2011 meeting called for a continuation of the same program at the BOCES Children's Readiness Center as in 2010-2011 during which he was unable to make educational gains because of insufficient attention to his nutritional requirements. BOCES-CRC misunderstood QP vcecs and rigidly adhered to feeding programs that left him hungry and did not enable him to achieve emotional stability and full engagement in the learning process either in school or with educational providers at home. To continue such a failed program would be merely to repeat the disastrous experience for another year and deprive @Pof his right to a FAPE. The IEP produced at the May 26, 2011 CSE meeting, at which the parents felt their concerns were not being heard, was substantively and procedurally flawed.

GER parents have at all times cooperated with the school district in trying to fashion a suitable educational program for their son and, in particular, to devise and implement a feeding plan that would make him available for instruction. They have explored and considered alternative placements none of which would have been appropriate in meeting his unique needs. With due notice to the District, they placed@iliiigin the Gersh Academy, a private school, beginning in the summer of 2011 where he has thrived and is making significant educational and behavioral progress in the least restrictive environment. The parents are entitled to reimbursement for tuition and travel expenses for the 2011-2012 school year.

DOCUMENTATION ENTERED INTO EVIDENCE (See Attachment A)

DISTRICT'S POSITION

Based upon the IEP developed at the May 26, 2011 CSE meeting, the District met its obligation under the Individuals with Disabilities Act to provide QMMBBFAPE during the 2011-2012 school year, as well as ESY services for the summer of 2011. The IEP resulting from the meeting was reasonably calculated to enable the child to derive an educational benefit within the least restrictive environment.

The CSE, with the exception of the parents, agreed thao as making progress at CRC in 2010-2011, including in feeding, and that a similarly designed and implemented program would be appropriate in addressing his needs. As was true in earlier meetings with District and CRC staff regarding their son, the parents had full opportunity to participate in the committee's discussion and program planning and did so to the extent and in the manner they wished. While other members of the CSE believed that @jiiigiiJfiad demonstrated progress at CRC, it was agreed that, as requested by the parents, application would be made to alternative programs. There were no procedural or substantive defects in the CSE meeting or IEP.

The Gersh Academy, a non-New York State approved facility for educating students with disabilities, with a relatively short history of operation and a non-educator as program director, employs teachers with limited experience and has a high rate of staff turnover. ig teacher, while certified in Pennsylvania, has not yet received certification in New York. It cannot be said that Gersh is an appropriate, least environmentally restrictive educational placement for [Redacted text].

The parents' petition for tuition reimbursement and payment for transportation costs should be denied.

DOCUMENTATION ENTERED INTO EVIDENCE (See Attachment B)

FINDINGS OF FACT

sD equ is six and a half years old, classified as autistic, having received at twenty months a diagnosis of Pervasive Development Disorder NOS, manifested by significant delays in attention, socialization, speech, language and motor skills. He is characterized as a sweet, generally good-natured and affectionate child. At three months, he began to refuse the bottle when awake and had to be given the bottle while asleep. At six months, he started eating solid foods on a limited basis but vomited frequently and was described as a very picky eater. His parents became concerned about his ability to maintain an adequate nutritional status and worried that at some point he might need to be hospitalized. (Tr.701) At eighteen months, @BPppeared to have lost what little language ability he had acquired.

Through Early Intervention @@iRyeceived therapeutic services, including feeding therapy, at his home in Queens. At two years, his family moved to East Meadow where he was enrolled in Variety Preschool. After five months, he was transferred to the Enhanced

Developmental Group conducted by the Association for Children with Down Syndrome. In March of 2008, QB was referred to the Committee on Pre-School Special Education in the East Meadow School District. In September, 2008, he was enrolled in the Eariy

Childhood Division of the Development Disabilities Institute (DDI) in Huntington where he remained until age five in August, 2010.

Whereas the parents fel QE ad made little progress in his two earlier placements, they, as well as DDI staff, considered that he was doing weil at DDI. A major concern was with his feeding difficulty. The CPSE met in May of 2010 for an annual review and to develop an IEP for an Extended School Year at DDI. (D-11) Concurrently, a CSE meeting was convened to consider an appropriate placement for the 2010-2011 school year, one that would provide an intensive level of support in a small class setting The team agreed

SS to inquire about various programs and arrange for a feeding assessment to assist in setting up home services. (D-12) On August 10, 2010, the CSE met and while noting that Qa had made progress in some areas at DDI, he continued to have feeding difficulty and remained non-verbal. It was agreed that the BOCES Children's Readiness Center would be an appropriate placement for school year 2010-2011. His IEP, transitioning from CPSE to CSE, provided that QM would be in a class with a 6:1+2 ratio, in which the Applied Behavior Analysis methodology (ABA) would be employed, and the discrete trial method utilized. He would have a fuil time aide. Related services included occupational therapy for thirty minutes twice a week out of classroom and thirty minutes once a week in classroom, physical therapy once a week for thirty minutes out of classroom, and speech/language therapy for thirty minutes three times a week out of classroom and twice a week for thirty minutes in classroom. Home services called for feeding therapy twice a week for one hour (commencement dependent on provider availability) behavior intervention services for one hour five days a week and parent training for one hour once a week. All services would be on a 1:1 basis. (D-15)

A feeding evaluation by a therapist associated with St. Mary's Hospital for Children was conducted on July 8, 2010. (For an unknown reason, the same evaluation, identified as D-1 was dated August 28, 2007). The evaluation, concluded that resents with significant oral motor delays, such as immature chewing patterns, muscle weakness and difficulty coordinating the movement of food, as well as sensory processing and behavioral issues that impact feeding." Further qa?

"would benefit from a structural motor strengthening program to provide him with sensory input and strengthening in combination with a diet that is graded inconsistency and monitored and a behavioral program." (D-1)

The annual feeding goal was forgo be able to scoop food with a spoon when eating,with a 90% success rate. (D-15)

The district reported difficulty finding a qualified feeding therapist and this part of the program at home was not initiated until January, 2011, with additional services scheduled during the rest of the school year to make up for the missed sessions.

Both parents participated in the August 10, 2010 CSE meeting. Bogan attending CRC in September, 2010. In the first two weeks, he was picking at his food but eating. Soon thereafter he resisted eating, alarming his parents who reported crying, tantrums, inability to sleep and oppositional behavior at home that they attributed to his being hungry, noting that most of the food they were sending in to the school was being sent home uneaten. (Tr. 717-718, 1075) They also felt not enough attention was being paid to Migi>'s problem with chewing, as distinct from eating, They asked for a meeting with CRC staff. At that meeting (exact date not specified), the parents reportedly focused their concern exclusively on the feeding issue. According to the classroom teacher, there was no concern expressed or discussion about other goals and objectives inq@gjgggys IEP. (Tr. 126-129)

On October 14, 2010, a feeding plan was developed that called for two feeding sessions a day, with berries used as reinforcers to encourage QR eat the pasta that had been prepared at home. The plan set an initial goal of one bite per feeding session. (D-

23) Thereafter, disagreement ensued between the parents and CRC staff with regard to how

QED feeding problem was being handled. The mother, particularly, felt that Qa wasn't getting enough to eat in school, based on the amount sent home, and that his chewing ability due to oral motor delay was not being worked on. Parents were asked to be patient and to give the feeding plan a chance to work. (Tr.249-302)

On two occasions, @RMMs mother and father came separately into school to demonstrate how they fed

QaThe classroom teacher described Ws attempt as "forcing" him to eat, physically restraining him to prevent his escape. Throughout, it was reported, @EBwas crying and protesting. The mother was advised that it would be against school policy to force a child to eat and that the plan was to try to get the child to want to eat on his own. (Tr. 249-302) On the occasion of @MRR father feeding him at school, it was also observed that "he was being forced" to eat and that gap was "struggling and crying" during the process. (Tr. 345-346) Mrs. QB denied that her husband had ever fed their son at school. (Tr. 1090) It was suggested to the parents that they feed Oa ; late as possible in the morning before bringing him to school.

It was about this time, the middle of October, 2010, that Mrs. @MEMBwith CRC's concurrence, began taking Pout of school to feed him his lunch, first in her car and bringing him back to school, and subsequently taking him home to stay. (Tr.306-307)

The parents asked CRC about possible alternative placements and in early October, 2010, the school began sending out screening and placement requests to schools both in and out of the district, including several suggested by the parents. (D-24)

Meanwhile, a Special Education Itinerant Teacher who had been working with Qa, at home from July 1 to August 20, 2010, resumed seeing him on October 10 at his mother's request and with his agency's approval. In a "To Whom it May Concern" letter, October 15, 2010, the SEIT expressed alarm over the changes he had seen in@i He stated that he "was appalled by his deterioration in work habits, cooperation, his response to me as well as his overall focus." He noted thai "refused to sit at his table, he cries easily, often he is defiant in his responses and generally uncooperative even with activities he enjoys." (P-Q) He did not attribute the changes to any particular supposed cause. It was not explained why the SEIT addressed the letter as he did rather than to his employer, the provider agency, which then could have consulted with the school district.

On October 29, 2010, the CSE convened in a special meeting to consider the parents' concerns. (D-29) According to the "Comments" section in the report of this emotionallycharged, contentious meeting, discussion centered almost exclusively on @B feeding problems, notably his parents' dissatisfaction with the feeding plan in place because it did not adequately address the chewing issue or assure he was getting enough to eat avoid hunger and emotional turmoil, with the district acknowledging that he was consuming considerably less food than he had as a preschooler at DD!. The parents were again urged to feed Qa as late as possible in the morning and to allow him to remain for a longer schoo! day before picking him up and taking him home. It was explained that in order for him to achieve his educational goals, it was necessary for him to be in school as much as possible. They agreed to try to do so. While the CSE determined that CRC remained the appropriate educational placement for @i@ it was reported that applications had been made for admission to other programs and that evaluations of their suitability would be made as positive responses were received.

On November 3, 2010, the SEIT submitted a progress report of his and his coprovider's continuing work with QB (D-30) [n the section, "Summary of Progress," he did not speak of progress but rather of goals. Reference to progress was limited to a concluding paragraph in which he characterized progress as "inconsistent," stated that successfully completed activities previously were now "more of a struggle," and noted that some activities had to be shortened. Recently, however, he had seen "good" progress and he hoped that would continue at a steady pace.

The CSE next met on December 16, 2010 for a Program Review. (D-38) The parents remained frustrated with the progress QD was making with the CRC feeding program. Although his food consumption had increased, the parents were concerned that he was not eating enough to sustain him for the full school day. Consequently, they felt, he was "irritable and out of sorts" upon his return home from school. They requested an additional daily feeding session and this was granted.

Home feeding therapy called for in the IEP had not begun, as noted supra, because of the District's difficulty in finding a therapist qualified to meet ee; needs. After this meeting, the parents filed a complaint with the State Education Department, shortly following which a feeding therapist was located and began working with QP in January, 2011.

(Tr.1010)

At the suggestion of attorneys for the District and the parents, both of whom were present at this meeting, the District agreed to provide a behavioral consultant "to help facilitate home-school communication and help foster an improved relationship between all parties." This was added to the IEP as a related service and began in January, 2011.

At the CSE meeting, CRC staff reported that (jg was making progress toward many of his goals. The parents contended, however, that what he appeared to have learned at CRC he had already learned at his previous school. (Tr. 157)

The parents declined the District's offer of placement at DDI in Huntington, citing as a significant factor, according to the report of the meeting, that it was too distant.

The use of a consultant as a bridge between home and school was not successful. In what appears to be a final report of services provided, undated but apparently written on or about March 11, 2011, the consultant speaks of advising the parents on what food to send to school, assisting "the home team in establishing more appropriate home programs " and "giving teachers a base curriculum and suggestions on how to improve and solidify what was being taught daily." That was not what he was supposed to do. No reference is made to any efforts to improve the flawed communication between home and school or to develop a less emotionally tinged working relationship, That might have been helpful. (D-44)

At the end of the third quarter of the 2010-2011 school year, progress reports were issued. On that dealing with overall classroom performance, undated, @Bhad demonstrated progress toward seven of nine annual goals and mastery of two. The speech and language report, dated March 28, 2011, indicated that he had made progress toward four annual goals and no progress toward one. In physical therapy, the March, 2011 report stated that he had mastered both of two annual goals. In occupational therapy, the April 7, 2011 report said that Qa had demonstrated progress toward two of three annual goals and had mastered the third. (D-310)

On May 4, 2011, QB parents sent a letter to the District's Director of Special Education, stating that 'GMM requires appropriate placement and proper feeding therapy to meet his needs, which the Children's Readiness Center..... is unable to provide." Accordingly, "upon exhausting all options that you have offered to us, please be advised we have no alternative but to remove GRR {rom the district school and place him in The Gersh Academy....." a private school for children with autism spectrum disorders and other learning disabilities in Glen Oaks, Queens. Further, the parents said they they would "be seeking tuition and transportation reimbursement from the School District for said placement under 1.D.E.A." (D-62)

On May 26, 2011, a CSE meeting was held for the purpose of an Annual Review and development of an IEP for 2011-2012. Attending, in addition to the parents, were the CSE chairperson, BOCES CRC principal, classroom teacher, psychologist, speech/language therapist, occupational therapist, physical therapist and attorneys for both the parents and District. (D-89)

The CRC team reported that Qj had made progress in many areas, e.g. gaining limited ADL independence, increasing his attention span and eye contact, following simple directives, being able to wait, retrieving and utilizing classroom materials independently and appropriately, developing gross motor abilities to the point that PT recommended discontinuance of services, developing his weak fine motor skills on a limited basis, matching objects, colors and pictures, completing interlocking picture puzzles, responding successfully to timed toileting and communicating through appropriate vocalizations during play, imitating sounds, gestures, inconsistent verbalization of some words and the effective use of a picture exchange communication system (PECS).

QPS progress in feeding was demonstrated by his ability to scoop food ona spoon and bring it to his mouth independently with 88% success. He was not whining, crying or showing aversive behavior during mealtime but appeared comfortable with eating at school. Food consumption had increased to a consistent 8-10 ounce portion of the pasta sent from home. Following his pasta, GY was joining his classmates around the table, eating his snack, which was usually berries. He continued to have difficulty with chewing which was being addressed primarily as part of home feeding therapy. Chewing was improving and he was developing a rotary chew or munching ability.

The CSE meeting produced an IEP for the 2011-2012 school year that provided for SEB to continue in his 6:1+2 special class for six hours a day, five days a week, taught by the same teacher experienced in educating autistic children. He would have his full time aide and the following related services: speech/language therapy for thirty minutes five times a week, occupational therapy three times a week for thirty minutes, and, at home, behavior intervention services for one hour five times a week, feeding therapy twice a week for one hour and parent training for one hour once a week, with all services on an individual basis.

Measurable annual goals and short term objectives were established and methods of reporting progress to the parents were identified in the IEP. Note was taken that@iiiiighad missed a significant number of school days during the year.

Final quarterly IEP Progress Reports for the 2010-2011 school year revealed the following. Of the benchmarks for Basic Concepts/Classroom Language, Targeted Skills, Classroom Foundation Skills, Social/Emotional and ADL/Community, QM registered progress in thirty-one, mastery of five and no progress in none. In Speech/Language, he showed progress in sixteen benchmark areas and no progress in four (all dealing with his ability to shake his head yes or no in response to simple questions). In Physical Therapy, QUEER achieved mastery of all eight benchmarks and in Occupational Therapy, he showed progress in nine benchmark areas, mastered three and no progress in none.

With regard to Gee ; overall progress in the feeding program at CRC, his classroom teacher stated that it had been very successful, that "we went from a child who (at the beginning of the school year) was screaming and tantruming when presented with the bowl of pasta to sitting down willingly at the table and eating ten ounces independently" in three feeding sessions. (Tr. 346-347)

The out of classroom support teacher, as the behavior analyst on the feeding team, had been assigned the lead in developing a structured feeding plan that, when finalized by the team, was presented to the parents in October, 2010 and thereafter implemented and modified. From his initial adamant refusal to eat anything, she testified (Tr. 1741) i> progressed to accepting one bite in October and four bites in December (Tr. 1737) She was not concerned about QR becoming malnourished with the amount of food eaten during the day at CRC because she knew that, as reported by his parents, "he was consuming a considerable amount of food" at home. (Tr. 1738) He did not appear to be crying and tantruming in relation to food." (Tr. 1952) She felt the CRC feeding program had been "very successful." (Tr. 1792)

By January, 2011, CRC had, at the parents' request, increased his feeding sessions to three a day. He continued accepting more food until in May, 2011, he was reported to be calmly and independently, with some prompting, consuming a cup and a quarter to a cup and a half of food, about ten ounces out of the more than one pound of pasta sent in by his parents, all of which they indicated they expected him to eat. (Tr. 257,1862) The support teacher considered the ten ounces eaten at least enough for a child his age to have for lunch.

"| don't know another five-year old who would eat that much." (1786-1787,1915) In addition, he was presented after lunch with berries as his dessert which he ate. (Tr. 1796)

Nevertheless, Qs parents felt that he should eat all the food sent in to school. (Tr. 257-259)

In a progress report dated May 4, 2011, the home feeding therapist stated that "my concerns at home are the portions of food are too large for Qito finish. School staff has the same concern." (D-68)

Ga: mother denied that she expected CRC staff to feed her son the full container of food sent in, although she felt he was capable of eating that amount . Rather, she said, "five ounces, eight ounces, something like that," should be enough to sustain his day. (Tr. 1205)

Mrs. QM continued to pick QR up at schoo! and take him home with the intention of feeding him, even after she had been informed that he had already typically eaten the above amount of food. (Tr. 1789, 1791)

In her testimony, the support teacher opined, "| think@gs behavior surrounding eating was fragile and | think, in fact, if@jjgqggPWere forced or pressured to eat an inordinate amount of food, it could set his feeding intervention program back because he would again

© see the feeding situation as aversive, which is what we were trying to avoid the entire time." GHEEs parents nevertheless expressed continuing concern about his chewing ability and what training he was being given in this area. Chewing was indeed a significant eating related problem for him. As previously noted, it was being primarily addressed by the home feeding therapist, who was also working on his swallowing. (D-68) In a June 16, 2011 report, the therapist noted that 'ii#Phas demonstrated some improvements on lateralizing food from right to left CE s chew per bolus has increased; however, he continues to require verbal prompting to chew." (D-70) The next month, after practicing on a green knobby chewing tube in a therapy session, @gemonstrated the ability to chew french fries, rice cakes and chicken nuggets. Care needed to be taken, however, that he did not stuff too many items in his mouth at one time. (D-75) When presented with the feeding team's assessment that, while chewing remained an area of significant weakness, (RB had made progress in this area, Mr. QP testified that he agreed with the statement. (Tr.1041-1042)

Communication between the school district and parents while [Redacted text] was attending

CRC was maintained by quarterly reports, frequent Work Time reports sent home, parentteacher conferences, nearly daily entries by classroom staff in a notebook sent home with provision for parent responses, at student drop-off and pick-up times and at normally scheduled and special CSE meetings. While the parents complained that they were not allowed to speak up at conferences or meetings, e.g. at Tr. 989, this is not supported by the facts. The record is replete with references to the parents expressing concerns and making requests, almost always in connection with Gis feeding issues. It may have been the father's perception that, "whatever we said was discounted..... Whatever opinion we told the school district, they didn't take it into consideration." (Tr. 991) The mother, referring to the May 26,, 2011 CSE meeting, did state, "I'm not saying we weren't allowed to say anything." (Tr. 1282) The parents could well have felt that disagreement with or nonacceptance of their views was tantamount to being thwarted in expressing themselves but there is no evidence to suggest that they were so impeded.

Finally, we address the question of whether Qs health may have been impaired as a result of his allegedly not having enough to eat during the day at CRC. There is no dispute that during his early days there, he was refusing to eat and that food was a source of tension both for the child and fof the adults around him. It could not have been a good learning environment for him and his parents had reason to be concerned. As he became acclimated to new staff and surroundings, however, and staff to him, as the feeding plan was devised, implemented and revised as necessary, and later, as the home feeding therapy program was instituted, the record is clear that tensions subsided, at least in school, that vas gaining in self-feeding skills, he was consuming more food in his feeding sessions and the whole experience of food consumption, appeared, as it should be, to become more pleasurable for him.

We believe it is prudent practice to give considerable weight to parents' impressions and opinions concerning their children, including those that might be considered intuitive.

They are the ones who know them best, who from experience usually have a good idea of the meaning of their symptoms and behavior. Nevertheless, one cannot discount the importance of assessments and judgments of experts, professionals who, unburdened by emotion or subjective influences, can offer unbiased opinions based on the evidence before them. In the instant case, we do not find such judgments. There has been no independent, expert testimony that hunger as a condition, if indeed it did exist in school, interfered with Qa learning or performance. No medical doctor, including one who might have known Qa over a period if time, no dietitian or nutritionist testified that the child was in ill health, that he was not gaining weight appropriately or that he was in any way showing signs he was not being adequately nourished while attending the Children's Readiness Center. Not even the Special Education itinerant Teacher, who expressed surprise and dismay at the changes he saw iiventured to attribute these to a lack of food consumed in school. We are left, thus, with only speculation and the testimony and evidence offered by the parents in this case. That is not enough. It fails to offset the evidence that the feeding program at CRC was in time effective and that it steadily improved.

On May 12, 2011, the home feeding therapist reported that '@pis gaining a substantial amount of weight. His stomach appeared much larger since the beginning of therapy." (D-68) The support teacher, when asked if the parents ever complained "that QM vas in danger of mainutrition or starving or anything like that," testified that "they complained that he didn't eat his lunch that they sent to school" but she did not "recall them saying he was going to starve or be malnourished." (Tr. 1936) She also testified that there never appeared to be a time that @iieppeared hungry or tantruming because of being hungry. (Tr. 1951) Further, the support teacher testified that "the eight ounces was a considerable amount of food we thought for a five-year old, so we thought that was a totally appropriate amount for him to eat for lunch, plus the berries, It's a normal amount of food." (Tr. 1915)

Was there a time when@§iili after the first couple of weeks at CRC, when he had stopped eating, could have manifested emotional and behavioral problems and been unavailable for learning because of the absence of enough food in his system? We do not know but we think it is entirely possible. It is also possible that other factors were at work.

Was it necessary for the mother to deal with the feeding issue by removing Gp from school to feed him herself, continuing this practice even after it was established that he was eating a sufficient lunch in school? We think not. Do we believe that the record shows the feeding program at school, together with the feeding therapy at home, resulted iQ progressively eating more food at CRC and doing so in a more independent manner, matching other gains he was achieving in his IEP? We believe it does.

We comment here on several lapses, as we see them, on the part of the Children's

Readiness Center and the school district. First, we question the wisdom of acceding to the parent's wish to removed rom school for the purpose of feeding him lunch. This was an interruption in his school day, it led to his being absent from school for the whole afternoon and there may well have been liability risks involved, especially when a child who is supposed to be in school is instead being fed in his mother's car on the street. Second, we feel that greater effort night have been made to secure a qualified home feeding therapist to begin working with @iiiiecfore four months of the school year had gone by. Makeup therapy sessions that concentrate the effort in a compressed span of time are not the same as conducting such sessions on a regular, consistently scheduled basis. Third, the individual selected to be the home-school liaison, with the task of trying to improve parent-school communication and the relationship, failed to carry out his assignment. Either he did not understand what he was to supposed do or he was the wrong person for the job. It is not even clear why he left when he did. Should there be occasion for considering such an arrangement again - and the concept is a good, perhaps even necessary one - we recommend that the person be a professional with a mental health, counseling background and with a knowledge of the emotional as well as physical significance of food to the individual and caretaker alike, rather than a behaviorist who, in this case, appears to have sought to impose his own ideas as to what@Ps program should look like.

GUE started attending the Gersh Academy in September, 2011. From testimony by school staff and parents, it appears, at least at the time of this hearing, that after a brief initial period of difficulty attributed to transition, he adjusted well and was performing at least satisfactorily in class, he was eating and there was a good working relationship between school and parents, who were expressing no dissatisfaction with the placement. Home based related services tof{MMB and his parents continue to be provided, in accordance with his IEP, by the East Meadow Schoo! District.

CONCLUSIONS AT LAW

The Individualized Educational Program for Sa for the 2011-2012 school year was developed at a properly constituted meeting of the Committee on Special Education on May 26, 2011. The Committee had available to it and reviewed the student's current evaluations, identified his learning needs, provided for the use of appropriate special education services to meet those needs, set relevant goals and objectives, stated how his parents would be informed fis progress, and allowed, in its deliberations and formulations, for the participation of his parents and others with a knowledge of his educational strengths and deficits. There were no identified substantive or procedural flaws that affected the resulting educational plan.

The IEP for 2011-2012 was constructed largely on that for the preceding school year during which, testimony established, @iggpmade progress in all measurable educational areas.

We conclude, accordingly and consistent with Bd. of Educ v. Rowley, 458 U.S .176, 296, 297 (1982), that the District met its burden under |.D.E.A. of providing a free appropriate public education for gag through a program that was reasonably calculated to aliow the child to receive an educational benefit in the least restrictive environment. The benefit would be realized through personalized instruction and sufficient support services.

On the matter of private school tuition and transportation reimbursement, the issue in this case, both parties rely on Burlington (Sch. Comm.of Burlington v. Dep't of Educ., 471

U.S.)1985)), which holds that a board of education may be required to reimburse parents for their expenditures for private educational services obtained by the parent if (a) the services offered by the board of education were inappropriate, (b) the services selected by the parent were appropriate and (c) equitable considerations support the parent's claim. It is well settled that all three prongs of Burlington must be satisfied for the reimbursement claim to prevail.

DECISION

It is my decision that the District's position is affirmed and that the parents' petition for reimbursement for private school tuition and transportation is denied.

Having determined that the District offered the student a FAPE for the 2011-2012 school year, | need not reach the issues of whether Gersh was appropriate or equitable considerations support the parents' claim.

This decision rendered February 20, 2012.

/s/ Robert W. Mackreth

Impartial Hearing Officer

PLEASE TAKE NOTICE

Within thirty (30) days of this decision, the parent or the Board of Education has a right to obtain a review by the State Review Officer under Section 4404 of the Education Law and Section 200.5 of the Regulations of the Commissioner of Education and Public Law

94-142. Failure to file the petition in a timely fashion will result in a waiver of the right to appeal this decision.

ATTACHMENT A

PARENTS' EVIDENCE LIST

/EAST MEADOW SCHOOL DISTRICT

Date Document # OF Exhibit PAGES

Aj 7/1/11 Due Process Complaint

— Impartial Hearing Request 6

B | May, 2008 East Meadow CPSE IEP 2008-2009 and Minutes of Meeting 16

C | August 2008 DDI - Quarterly Report and Goals (J. Wiley) 9 : DDI — OT Clinical Review (Cindy Ansink) 1

DDI — PT Clinical Review (Melanie Steinberg) 1

DDI ~ Speech/Language Review (Jessica Erario) 1 D | October 2008 DDI — FBA and Behavior Support Plan and Monitoring Form 7

E | November 2008 DDI ~ Quarterly Report (M. Richter) 1

DDI - PT Progress Report (Melanie Steinberg 1

DDI — Speech-Language Update (Penny Morris) 1

DDI — Clinical Review Target/goals (Melanie Richter & Rose Rugel) 3

DDI- Team meeting Notes 2

F | June 2009-June 2010 | IEP Report Plan — Goals 8

G | January 2009 DDI — Preschool Annual Summary Report (Rose Rugel) 2

DDI — Clinical Review Targets/Goals (Melanie Richter/ Rose Rugel) 3

DDI— Team Meeting Notes 2

DDI — Quarterly Report (M. Richter) 2

DDI — Speech/Language Annual Review (Penny Morris) 1

DDI ~ P/T Annual Review (Melanie Steinberg) 1

DDI — OT Assessment ( Christine Watson) 1

H | April 2009 Starting Early (DD!) Quarterly Report — Targets/Goals — (M. Richter) 4

DDI ~ Quarterly Clinical Review — OT -— (C. Watson) 1

DDI — P/T - Quarterly Update (Tamara Ross) 1

DDI — Speech /Language Quarterly Update ( Penny Morris) 4 with Goal Details

|; June 2009 DDI Quarterly Report/Review ~ Targets-Goals (M. Richter) 5

J} January 2010 Closure of Starting Early (DDI)Behavior Int. Plan (BIP i

K | Aprii 22, 2010 Parental Consent for re-evaluations 1 L | Various dates re: Progress Reporting from 7/20/09 —- Updated on: 2/2/10 (signed by B. 4

2009-2010 DDI Marie) and Updated on 4/15/10 and 6/18/10 (Signed by Melanie Richter

School year

M | June 16, 2010 DDI — Quarterly Clinical Review — OT — (Christine Watson) with Goal Details | 5

N | July 8, 2010 Extraordinary Pediatrics — Feeding Evaluation (Sharon Pardo) 3

O | October 12, 2010 Application packet from R. Gotterbarn (East Meadow) to AHRC 1 P | October 14, 2010 Feeding Intervention Plan 2 Q | October 15, 2010 Report/Letter from Steven Vassallo 1 R | October 19, 2010 Note to File from Janet Annunziata 1 S | October 27, 2010 Letter from parent to P. Dobies 1

Parent's Disclosure Page 2

J Exhibit | Date Document # OF PAGES p T | June 2011 BOCES IEP Progress Report (CRC) for 2010-11 8

U | July 14, 2011 Revised May 26, 2011 IEP 16

V | July 14, 2011 Parent authorization to Bellmore for Gersh Academy observation 1 W | July 25, 2011 Gersh Academy Academic Review and Feeding Graph 4 X | August 8, 2011 Gersh Academy Visitor Observation Report 2 b Y | 2011-2012 Gersh GERSH ACADEMY 2011-2012 School Year:

GERSH — Base Institute Brochure 2 Material about Gersh Academy — Basis Program 6 Z | 2011-2012 Gersh Gersh Academy Parental Contract; Affidavit; Attendance; class 14 schedule; invoices; copies checks » AA | 2011-2012 Color Photos 3 BB | 2008-2009 Starting Early - DDI Clinical Review Form (Richter/Rugel) 11/4/08 | 3

CC 2008-2009 12 Month Programming Rationale with Document Details 8

> DD | April 2009 DDI — Starting Early - Summary of Progress 1

EE | 2010-2011 BOCES ~ CRC Quarterly Report (A. Sandorfi) 11/4/10 5

FF | Oct - Dec 2010 Boces CRC Work time Reports 35

GG | May 2011 BOCES CRC Work Time Reports for May 2011 7

HH Containers (HH-a, HH-b, HH-c, HH-d) CONTAINERS

H | 2010-2011 Composition book with notations from BOCES CRC 94

JJ | 2010-2011 DDi records Bates stamped documents 00001 to 00050 50 4 KK | July through Nov. Gersh

2011 Assessment and Protocois 2011-12; BIP ; Lesson Plans; First 53

Quarter Progress Report; First quarter report card ; September

Data; October Data

LL Demonstration spoons > MM Spoons

NN | 10/1/10 TO 6/14/11 CRC WORK TIME REPORTS (COMPLETE SET) October 1 2010 to BINDER

June 14, 2011 eT@) Demonstration DVD DVD

APPENDIX B

DISTRICT'S LIST OF EXHIBITS AT IMPARTIAL HEARING

2. @ East Meadow Union Free School District Document List Student: DOB: [Redacted text] Exhibit # Date Number of Pages Description ] 8/28/07 3 Feeding for Function Evaluation Evaluator: Sharon Pardo 4 Psychological Report Evaluator: Jeanne DiPretrantonio, MS School Psychologist 3/27/08 Social History Caren Sweeney, LMSW 3/1/10 Annual Review Progress Report SEIT Service SEIT Provider: Gaetina Hodnett, MSED 4/10/10 Annual Progress Report Related Service: Speech/Language Related Service Provider: Erin Herlihy Speech-Language Pathologist 4/22/10 Trinnial Evaluation Parent Questionnaire 4/26/10 Speech and Language Report Evaluator: Kimberly Mayo Speech-Language Pathologist 4/26/10 Occupational Evaluation Observer: MaryAnn Beck, M.S., OTR/L 4/26/10 Speech and Language Report Evaluator: Kimberly Mayo, MA, CCC-SLP 3/26/08 DOE

10. Confidential School Psychologist's Report Evaluator: Charles Yurkewicz 1] 5/06/10 IEP 2010-2011 PreSchool-5 pages Summer Goals-! page Attendance Sheet-1 page 4/28/10 DOE

12. Committee Meeting Information-1 page Attendance Sheet-1 page Letter to Parents-1 page 5/06/10 DOE

13. Letter from Amy Goldstein to Eileen Gordon re: related services Exhibit # | Date Number of Pages _— Description 6/2/10 DOE

14. 11 Special Education Quarterly Report from Stanley Early-4 pages Teacher: Melanie Richter Progress Reporting-4 pages Quarterly Clinical Review Evaluator: Christine Watson-1 page Quarterly Clinical Review Evaluator: Elizabeth Shedlow-l page Quarterly Clinical Review Evaluator: Kyung Yoo-| page 6/2010 DOE

15 8/10/10 14 JEP: 2010-2011

4 Revaluation CPSE to CSE Review

16 8/2010 6 Special Education Quarterly Report

Starting Early

Evaluator: Melanie Richter-4 pages

Quarterly Clinical Review » Occupational Therapy

Evaluator: Christine Watson-l page

Quarterly Clinical Review

Speech/Language

Evaluator: Elizabeth Shedlow-! page

17 8/10/1- | Letter from parent to Mrs. Gordon

Requesting additional speech services

18 8/30/10 I Quarterly Service Report

Speech/Language

Provider: Erin Herlihy » 19 9/1/10 2 CSE Special Education Progress Report Related Service: SEIT Provider: Steven Vassalio

20 9/28/10 2 Letter from parent requesting change of agency y to Kids First-1 page

Email from Patrice Dobies to Kerri-Ann

O'halloran re: update-l page

21 10/1/10 l Kids First Evaluation

Advocacy Center Inc.

Arrange service for student

22 10/13/10 1 Letter from parent to Mrs. Gordon requesting meeting regarding feeding; requested another feeding evaluation

23 10/14/10 2 Nassau BOCES Children's Readiness Center

Feeding Intervention Plan

CAM/D77568 1 v1/M057378/C0028000 ~2. Exhibit # Date Number of Pages Description

24 10/4-10/26/10 14 Letter from Eileen Gordon to Martin C. Barell

School re: parents request for screening and placement-1 page

Letter from Eileen Gordon to Long Island

Services Program requesting screening and placement-1 page

Letter from Eileen Gordon to parent with referral packet sent to NSSA and the Genesis

School-5 pages

Letter from LI Program & Services to Eileen

Gordon — no vacancies-l page

Letter from NSSA to Eileen Gordon — no openings-| page

Letter from Roseanne Gotterbarn to ASCENT re: student placement-| page

Letter from Brookville Center for Children

Services to school psychologist-no appropriate opening-| page

Letter from ASCENT to Roseanne Gotterbarn, school psychologist-no appropriate opening-| page

Letter from Hagedorn Little Village School to parents re: receipt of packet child's name on waiting list-] page

Letter from The Center to Roseanne

Gotterbarn, school psychologist-no appropriate program-| page 25 10/19- % Food Acceptance and % of Bites Swallowed

12/14/10

26 10/20/10 Letter from Roseanne Gotterbarn, school psychologist to DDI seeking placement-| page

Letter from DDI to Roseanne Gotterbarn suggests parents speak to speech therapist

| page

Letter to DDI to Roseanne Gotterbarn can meet student's needs-| page 27 10/22/10 Letter from parent to Patrice Dobies-child to be removed from Children's Readiness Center

28 10/28/10 Letter from parent to Eileen Gordon-not appropriate placement; will leave child in school until 3:00 p.m.

29 10/26/10 Letter to parents re: Program Review-2 pages

IEP 2010-2011 Program Review-11 pages

CSE Attendance Sheet-1 page

CAM/D77568 1v1/M057378/C0028000

Exhibit # Date Number of Pages Description

30 11/3/10 4 CSE Special Education Progress Report Related Service: SEIT

Related Service Provider: Steven Vassallo, Maria Fedorko

31 11/4/10 13 BOCES

IEP Progress Report

Quarterly 2010-2011

32 11/4/10 Kids First Evaluation

Advocacy Center Inc.

CSE Special Education Progress Report

Related Services: Parent Training

Related Service Provider: Maria Fedorko

33 11/5/10 Letter from Amy Goldstein, Principal re:

parents request a home consultant 34 11/10/10 Letter from Amy Goldstein to Patrice Dobies re: feeding spoon self 35 11/19/10 Letter from Andrea Ross fo parents re: child's progress

36 12/2/10 Letter from parents to Patrice Dobies that recommended placement is not appropriate; to be placed in the Elijah School 37 12/9/10 Letter from parents to Patrice Dobies Children

Readiness Center cannot provide feeding therapy; no available placement at the Elijah

School 38 12/16/10 15 Letter to parents re: CSE meeting 12/16/10

1 page

IEP 2010-2011 Program Review-12 pages

CSE Attendance Sheet-] page

Letter from Eileen Gordon to parents-continue to be classified as JEP-| page

39 12/17/10 Letter from Amy Goldstein to Nassau BOCES re: incident with parent-2 pages

Letter from parent re: complaint against Amy

Goldstein-2 pages

Child Abuse In An Educational Setting

Confidential Report of Allegation-1 page

40 12/21/10 Letter from Andrea Ross to parent re: child eating-1 page

Letter from parent re; child food choices-l page

4] 12/22/10 Letter from parents to Patrice Dobies re: child has a chewing program

42 12/2010 CSE Treatment Logs

CAM/D77568 1 v1/M057378/C0028000

Exhibit# | Date Number of Pages | Description

43 12/2010 6 Kids First Evaluation and Advocacy Center

Inc. Treatment Logs-3 pages

Monthly Progress Notes-Parent Training

2 pages

Contract Employee-Maria Fedorko-1 page

44 1/2011 4 Positive Behavior Support Counseling &

Psychological Services

CSE Special Education Progress Report

Consultant: Michael V Rafanelli

45 1/3/11 4 Contract Employees: Steven Vassallo-l page

CSE Treatment Logs-3 pages b 46 V/S/11 2 Letter from Andrea Ross to parents-update on feeding intervention

47 W/5/11 2 Letter from parent re: Feeding Intervention

Program

48 no date 4 Priority of foods requested by Classroom » Feeding Team

49 1/6/11 6 Contract Employee Maria Fedora-1 page

Progress Notes-Parent Training-3 pages

CSE Treatment Log-2 pages

50 1/9/11 1 Letter from parent

Child had no "accident" on the weekend

51 1/13/11 l Email from Michael Rafanelli to Patrice

Dobies re: new communication data sheet for student

52 1/13-2/1/11 4 Nassau BOCES > Children's Readiness Center

Work Time Report

53 1/19/11 3 Email! from parent to Patrice Dobtes including original email from Michael Rafanellli to parent and Patrice Dobies ) 54 1/24/11 1 Letter from Amy Goldstein to Patrice Dobies to schedule a CSE meeting

55 2/1/-3/31/11 17 Kids First Evaluation & Advocacy Center

CSE Treatment Logs >

CAM/D77568 I v1/M057378/C0028000 ~-5-

Exhibit # | Date Number of Pages | Description

» 56 2/3/-8/1 7/11 17 Letter from Patrice Dobies from ASCENT application/evaluation to program-l page

Letter from ASCENT to Patrice Dobies no opening-1 page

Letter from parents to Patrice Dobies-list of schools to send packets-1 page

Letter from Roseanne Gotterbarn, school psychologist to DDI-application-1 page

Letter from Roseanne Gotterbarn, school psychologist to the Genesis School-application

1 page D Letter from Roseanne Gotterbarn, school psychologist to Nassau Suffolk Services for Autism-application-1 page

Letter from Roseanne Gotterbarn, school psychologist to Brookville Center for > Children's Services-l page

Letter from NSSA to Roseanne Gotterbarn — no openings now-information will be kept in file-] page

Letter from Director of Long Island Program

Services to Roseanne Gotterbarn-no vacancies

1 page

Letter from DDI Candace Hamilton, school social worker to Roseanne Gotterbarn-no appropriate opening-| page

Letter from Roseanne Gotterbarn, school psychologist to Bellmore Public Schoolsapplication-l page

Letter from parents-permission for Bellmore

School District to observe routine during school day at Gersh Academy- | page 4 Letter from Brookville Center for Children

Services to Roseanne Gotterbarn-no appropriate opening-| page

Letter from Bellmore Schools to Roseanne

Gotterbarn-no appropriate placement-! page D Letter from Dr. Donald Sturz to Bellmore

Schools-parents requested screening and placement in Bellmore Schools-copies of recent evaluation and current IEP-1 page

CAM/D77568 I v1/M057378/C0028000 -6-

Exhibit # Date Number of Pages Description (Exhibit #56 continued)

Letter from Dr. Donald Sturz to Levittown

UFSD-parents requested screening and placement in Levittown Schools-copies of recent evaluation and current IEP-1 page

Letter from Dr. Donald Sturz to Merrick

UFSD-parents requested screening and placement in Merrick Schools-copies of recent evaluations and current IEP-! page

37 2/7/11 Parent Response regarding child's foods

58 3/1/11 Email from Michael Rafanelli re: appropriate program at home

59 3/25/10 ACCESS 7 Consulting Inc. from Betty Greene, Therapist to District regarding services

60 BOCES Children's Readiness Center

4/29/11 ASP & 2011-2012 Goals

61 4/31/11 Kids First Evaluation Advocacy Center Inc.

Annual Review Progress Report

Behavioral Services

Related Services: Parent Training

Related Service Provider: Marie Fedorko

62 5/4/11 Letter from parents to Patrice Dobies recommended placement is not appropriate; child to placed in the Gersh Academy

63 S/4/11 Letter from Betty Greene, Therapist re:

Program Observation 64 5/11/11 Nassau BOCES Children's Readiness Center Feeding Intervention Plan (phase 33 of 10/14/10 plan) 65 5/23/11 Access 7 Consulting Inc. Speech and Language Progress Report 66 5/23/11 Kids First Evaluation Advocacy Center Inc. Annual Review Progress Report Behavioral Services Related Service: Behavioral Services Related Service Provider: Maria Fedorko Steven Vassalo 67 5/23/11 Toileting Data — 2010-2011 68 5/25/11 11 Access 7 Consulting Inc. Self Feeding Observations-3 pages Therapist, Betty Greene Program Observation I page

CAM/D77568 1 v1/M057378/C0028000

Exhibit # Date Number of Pages Description

Home Instruction Related Service Logs

7 pages

69 5/26/11 22 Letter from Patrice Dobies to parents re:

Annual Review-1 page Student Information Summary-15 pages Attendance Sheet-! page Teleconference Attendance Statement-5 pages

70 6/16/11 Access 7 Consulting Inc. Therapist: Betty Greene Progress Notes 71 6/2011 Student Attendance Card 2010-2011 72 6/2011 BOCES Children's Readiness Center End of Year Summary 73 Summer 2011 Mandate: Feeding Therapy Provider: Betty Greene 74 2/3/11-9/1/11 Mandate Work Sheets 75 T/ALO/LI Access 7 Consulting Therapist: Betty Greene Progress Notes 76 7/20-8/10/11 Access 7 Consulting Inc. Therapist: Betty Greene Progress Notes-3 pages Mandate Work Sheets-5 pages

77 8/15/11 Letter from Steven Repperger, Summer Coordinator at Nassau BOCES-child has not attended any days of the Nassau BOCES 2011 Extended Year Program 78 9/2/11 Acceptance Levittown 79 9/26/11 Acceptance Merrick 80 2/7/11 Worksheet from Nassau BOCES $1 June 11 IEP Progress Report Benchmark 82 May 6, 2011 Feeding Intervention Data

CAM/D77568 I v1/M057378/C0028000

ATTACHMENT B

Cs) East Meadow Union Free School District Document List

Student: [Redacted text]

DOB: [Redacted text]

Exhibit # Date Number of Pages Description

1 8/28/07 3 Feeding for Function Evaluation

Evaluator: Sharon Pardo

2 3/26/08 4 Psychological Report

Evaluator: Jeanne DiPretrantonio, MS

School Psychologist

3/27/08 Social History

Caren Sweeney, LMSW

3/1/10 Annual Review Progress Report

SEIT Service

SEIT Provider: Gaetina Hodnett, MSED

4/10/10 Annual Progress Report

Related Service: Speech/Language

Related Service Provider: Erin Herlihy

Speech-Language Pathologist

4/22/10 Trinnial Evaluation

Parent Questionnaire

4/26/10 Speech and Language Report

Evaluator: Kimberly Mayo

Speech-Language Pathologist

4/26/10 Occupational Evaluation

Observer: MaryAnn Beck, M.S., OTR/L

4/26/10 Speech and Language Report _

Evaluator: Kimberly Mayo, MA, CCC-SLP

10 4/28/10 Confidential School Psychologist's Report

Evaluator: Charles Yurkewicz

11 5/06/10 IEP 2010-2011 PreSchool-5 pages

Summer Goals-] page

Attendance Sheet-1 page

12 5/06/10 Committee Meeting Information-1 page

Attendance Sheet-1 page

Letter to Parents-1 page

13 6/2/10 Letter from Amy Goldstein to Eileen Gordon re: related services @ Exhibit# | Date Number of Pages | Description

14 6/2010 1] Special Education Quarterly Report from Stanley Early-4 pages

Teacher: Melanie Richter

Progress Reporting-4 pages

Quarterly Clinical Review

Evaluator: Christine Watson-1 page

Quarterly Clinical Review

Evaluator: Elizabeth Shedlow-] page

Quarterly Clinical Review

Evaluator: Kyung Yoo-1 page

15 8/10/10 14 IEP: 2010-2011

Revaluation CPSE to CSE Review

16 8/2010 6 Special Education Quarterly Report

Starting Early

Evaluator: Melanie Richter-4 pages

Quarterly Clinical Review

Occupational Therapy

Evaluator: Christine Watson-| page

Quarterly Clinical Review

Speech/Language @ Evaluator: Elizabeth Shedlow-| page 17 8/10/1- ] Letter from parent to Mrs. Gordon

Requesting additional speech services

18 8/30/10 l Quarterly Service Report

Speech/Language

Provider: Erin Herlihy

19 9/1/10 2 CSE Special Education Progress Report Related Service: SEIT Provider: Steven Vassallo

20 9/28/10 2 Letter from parent requesting change of agency to Kids First-1 page

Email from Patrice Dobies to Kerri-Ann

O'halloran re: update-l page

21 10/1/10 1 Kids First Evaluation

Advocacy Center Inc.

Arrange service for student

22 10/13/10 l Letter from parent to Mrs. Gordon requesting meeting regarding feeding; requested another feeding evaluation

23 10/14/10 2 Nassau BOCES Children's Readiness Center

Feeding Intervention Plan

CAM/D77568 | v1/M057378/C0028000 a) Exhibit # Date Number of Pages Description

24 10/4-10/26/10 14 Letter from Eileen Gordon to Martin C. Barell

School re: parents request for screening and placement-1 page

Letter from Eileen Gordon to Long Island

Services Program requesting screening and placement-1 page

Letter from Eileen Gordon to parent with referral packet sent to NSSA and the Genesis

School-5 pages

Letter from LI Program & Services to Eileen

Gordon — no vacancies-l page

Letter from NSSA to Eileen Gordon — no openings-l page

Letter from Roseanne Gotterbarn to ASCENT re: student placement-l page

Letter from Brookville Center for Children

Services to school psychologist-no appropriate opening-l page

Letter from ASCENT to Roseanne Gotterbarn, school psychologist-no appropriate opening-! page

Letter from Hagedorn Little Village School to parents re: receipt of packet child's name on waiting list-1 page

Letter from The Center to Roseanne

Gotterbarn, school psychologist-no appropriate program-1 page

25 10/19- % Food Acceptance and % of Bites Swallowed

12/14/10

26 10/20/10 Letter from Roseanne Gotterbarn, school psychologist to DDI seeking placement-l page

Letter from DDI to Roseanne Gotterbarn suggests parents speak to speech therapist

| page

Letter to DDI to Roseanne Gotterbarn can meet student's needs-l page 27 10/22/10 Letter from parent to Patrice Dobies-child to be removed from Children's Readiness Center

28 10/28/10 Letter from parent to Eileen Gordon-not appropriate placement; will leave child in school until 3:00 p.m.

29 10/26/10 Letter to parents re: Program Review-2 pages

IEP 2010-2011 Program Review-11 pages

CSE Attendance Sheet-1 page

CAM/D77568

lv 1/M057378/C0028000 Exhibit # Date Number of Pages Description

30 11/3/10 4 CSE Special Education Progress Report Related Service: SEIT

Related Service Provider: Steven Vassallo, Maria Fedorko

31 11/4/10 13 BOCES

IEP Progress Report

Quarterly 2010-2011

32 11/4/10 Kids First Evaluation

Advocacy Center Inc.

CSE Special Education Progress Report

Related Services: Parent Training

Related Service Provider: Maria Fedorko

33 11/5/10 Letter from Amy Goldstein, Principal re:

parents request a home consultant 34 11/10/10 Letter from Amy Goldstein to Patrice Dobies re: feeding spoon self 35 11/19/10 Letter from Andrea Ross to parents re: child's progress

36 12/2/10 Letter from parents to Patrice Dobies that recommended placement is not appropriate; to be placed in the Elijah School 37 12/9/10 Letter from parents to Patrice Dobies Children

Readiness Center cannot provide feeding therapy; no available placement at the Elijah

School 38 12/16/10 15 Letter to parents re: CSE meeting 12/16/10

1 page

TEP 2010-2011 Program Review-12 pages

CSE Attendance Sheet-] page

Letter from Eileen Gordon to parents-continue to be classified as IEP-] page

39 12/17/10 Letter from Amy Goldstein to Nassau BOCES re: incident with parent-2 pages

Letter from parent re: complaint against Amy

Goldstein-2 pages

Child Abuse In An Educational Setting

Confidential Report of Allegation-1 page

40 12/21/10 Letter from Andrea Ross to parent re: child eating-1 page

Letter from parent re; child food choices-l page

4] 12/22/10 Letter from parents to Patrice Dobies re: child has a chewing program

42 12/2010 CSE Treatment Logs

CAM/D77568 1v1/M057378/C0028000

Exhibit # Date Number of Pages Description

43 12/2010 6 Kids First Evaluation and Advocacy Center

Inc. Treatment Logs-3 pages

Monthly Progress Notes-Parent Training

2 pages

Contract Employee-Maria Fedorko-1 page

44 1/2011 Positive Behavior Support Counseling &

Psychological Services

CSE Special Education Progress Report

Consultant: Michael V Rafanelli

45 1/3/11 Contract Employees: Steven Vassallo-l page

CSE Treatment Logs-3 pages

46 1/5/11 Letter from Andrea Ross to parents-update on feeding intervention

47 V/S/11 Letter from parent re: Feeding Intervention

Program

A8 no date Priority of foods requested by Classroom

Feeding Team

49 1/6/11 Contract Employee Maria Fedora-1 page

Progress Notes-Parent Training-3 pages

CSE Treatment Log-2 pages

50 1/9/11 Letter from parent

Child had no "accident" on the weekend

51 1/13/11 Email from Michael Rafanelli to Patrice

Dobies re: new communication data sheet for student

52 1/13-2/1/11 Nassau BOCES

Children's Readiness Center

Work Time Report

53 1/19/11 Email from parent to Patrice Dobies including original email from Michael Rafanellli to parent and Patrice Dobies

34 1/24/11 Letter from Amy Goldstein to Patrice Dobies to schedule a CSE meeting

55 2/1/-3/31/11 17 Kids First Evaluation & Advocacy Center

CSE Treatment Logs

CAM/D77568 1V1/M0573 78/C0028000

© Exhibit # | Date Number of Pages | Description

56 2/3/-8/17/11 17 Letter from Patrice Dobies from ASCENT application/evaluation to program-| page

Letter from ASCENT to Patrice Dobies no opening-1 page

Letter from parents to Patrice Dobies-list of schools to send packets-1 page

Letter from Roseanne Gotterbarn, school psychologist to DDI-application-1 page

Letter from Roseanne Gotterbarn, school psychologist to the Genesis School-application

1 page

Letter from Roseanne Gotterbarn, school psychologist to Nassau Suffolk Services for Autism-application-1 page

Letter from Roseanne Gotterbarn, school psychologist to Brookville Center for Children's Services-l page

Letter from NSSA to Roseanne Gotterbarn — no openings now-information will be kept in file-l page

Letter from Director of Long Island Program @ Services to Roseanne Gotterbarn-no vacancies

| page

Letter from DDI Candace Hamilton, school social worker to Roseanne Gotterbarn-no appropriate opening-l page

Letter from Roseanne Gotterbarn, school psychologist to Bellmore Public Schoolsapplication-l page

Letter from parents-permission for Bellmore

School District to observe routine during school day at Gersh Academy- | page

Letter from Brookville Center for Children

Services to Roseanne Gotterbarn-no appropriate opening-l page

Letter from Bellmore Schools to Roseanne

Gotterbarn-no appropriate placement-l page

Letter from Dr. Donald Sturz to Bellmore

Schools-parents requested screening and placement in Belimore Schools-copies of recent evaluation and current IEP-1 page

CAM/D77568 1v1/M057378/C0028000 -6-

Exhibit # Date Number of Pages Description (Exhibit #56 continued)

Letter from Dr. Donald Sturz to Levittown

UFSD-parents requested screening and placement in Levittown Schools-copies of recent evaluation and current IEP-1 page

Letter from Dr. Donald Sturz to Merrick

UFSD-parents requested screening and placement in Merrick Schools-copies of recent evaluations and current IEP-I page

57 2/17/11 Parent Response regarding child's foods

58 3/1/11 Email from Michael Rafanelli re: appropriate program at home

59 3/25/10 ACCESS 7 Consulting Inc. from Betty Greene, Therapist to District regarding services

60 BOCES Children's Readiness Center

4/29/11 ASP & 2011-2012 Goals

61 4/31/11 Kids First Evaluation Advocacy Center Inc.

Annual Review Progress Report

Behavioral Services

Related Services: Parent Training

Related Service Provider: Marie Fedorko

62 5/4/11 Letter from parents to Patrice Dobies recommended placement is not appropriate; child to placed in the Gersh Academy

63 5/4/11 Letter from Betty Greene, Therapist re:

Program Observation 64 S/11/11 Nassau BOCES Children's Readiness Center Feeding Intervention Plan (phase 33 of 10/14/10 plan) 65 5/23/11 Access 7 Consulting Inc. Speech and Language Progress Report 66 5/23/11 Kids First Evaluation Advocacy Center Inc. Annual Review Progress Report Behavioral Services Related Service: Behavioral Services Related Service Provider: Maria Fedorko Steven Vassalo 67 5/23/11 Toileting Data — 2010-2011 68 5/25/11 I] Access 7 Consulting Inc. Self Feeding Observations-3 pages Theraptst, Betty Greene Program Observation

1 page

CAM/D77568 1 v1/M057378/C0028000