October 27, 2022  - Harry's school improperly placed him in the most restrictive environment that the school district offers, a separate day school (a school that serves only students with IEPs) due to his behavior.    School officials incorrectly informed mom that this is the only way that they can provide Harry with a free appropriate public education.

Before the move to the more restrictive placement, Harry was engaging in challenging behavior in his class.   His IEP stated that he requires consistent support and redirection to initiate and complete work.  He struggled with being disruptive, verbal aggression, and work refusal. 

Before the move to the more restrictive placement, Harry's IEP provided counseling (one session per week) and consultation (the special education teacher talking to the regular education teacher) in academics.   At that time he was with his non-disabled peers 98.5% of the time.

The school district had the duty to create an IEP that provides Harry with the support that he needs to allow him to remain in the least restrictive environment.   However, instead of considering a host of other services and supports that would have made it possible for Harry to remain in the regular education school, the school's IEP team assigned him to the most restrictive environment.   Harry went from being with his non-disabled peers 98.5% of the time to being in the most restrictive environment 100% of the time.

This was done because the school principal simply did not want to be bothered by Harry.   The school district violated Harry's right to receive a free appropriate public education in the least restrictive environment.

AFTER THE PARENT HIRED US:

Jamison Jessup, CEO/Senior IEP Advocate, with MyChildWins.com filed a complaint (request for due process hearing) against the school district for its failure to create an appropriate IEP and to adequately consider what services and supports the student needs to receive a FAPE in the least restrictive environment.

Today, the school district, parent, and Mr. Jessup convened a resolution meeting whereby the school district has agreed to return the student to the regular education school and to create an appropriate IEP for Harry.  

Yes, this is yet another win for one of our clients.    We provide free consultations.  Schedule your free consultation online.