2012 Complaint Investigation Reports

The following Complaint Investigation Report summaries are intended to be a reference guide only, and have no legal authority. If you are interested in learning more about any of the issues described in the summaries, please see the full reports provided.

Case #12.021C

Case Title: "Parents v. AOS #99"

Allegation Categories: Evaluations, IEP Contents

The parent of a student with Multiple Disabilities (Intellectual Disability and Other Health Impairment) filed a complaint alleging that the Student required a more restrictive placement (at a special purpose private school) in order to receive FAPE. The parent asserted that the academic program in which the student was involved was too difficult for her and that the student was subject to bullying. Finding that the student was receiving educational benefit from her educational program, finding no recent instances of the student being bullied, and noting the IDEA’s unambiguous preference for having students educated with their non-disabled peers to the maximum extent appropriate, the Commissioner declined to find a violation with respect to the student’s placement. Violations were found, however, with regard to a need for social behavior goals and provision of services to support those goals, and to the student’s need for additional support in the regular education classroom. The District was directed to convene an IEP Team meeting and develop those elements of the student’s program.

Case #12.030C

Case Title:"Parent & Parent v. CDS First Steps"

Allegation Categories: Evaluations, IEP Contents, IEP Process

The parents of a child receiving services under the category Speech or Language Impairment filed a complaint after the Site determined to discontinue the child’s OT services. That decision was based upon the results of an OT evaluation, and the belief that the child could only receive OT services if the assessment produced scores of at least 1.5 standard deviations below the mean (criteria for eligibility under the disability category Developmental Delay). Violation was found based on the Site’s having confused the criteria for eligibility (here the child was already eligible under a different category) with the criteria for provision of a related service - whether OT services were required to assist the child to benefit from his education. The Site was directed to hold another IEP Team meeting and reconsider the issue of provision of OT services.

Case #12.032

Case Title:"Parents v. RSU #34"

Allegation Categories: Evaluations, IEP Contents, IEP Process

Parents of a student diagnosed with ADHD and receiving services under the category Other Health Impairment alleged that the District had failed to duly consider the conclusions of a private evaluator that the student had dysgraphia, and had failed to evaluate the student in all areas of suspected disability. The investigation revealed that the District had given the evaluation report due consideration, and had modified the student’s writing program in response. The parents’ complaint was determined to be based upon a misapprehension that the private evaluator was diagnosing the student with a specific learning disability, rather than noting the effects of the Student’s ADHD on his writing.

Case #12.038C

Case Title:“Parents v. RSU #4”.

Special Services Information

2012 Complaint Investigation Reports