TF vs. School District Antietam

INTRODUCTION AND PROCEDURAL HISTORY

Student in this matter was enrolled in the School District 3rd through December of 4th grade only. An evaluation in the spring 4th grade by the cyber charter school in which Student enrolled for the remainder of the school year resulted in a finding of IDEA eligibility based upon several disability categories. Prior to enrollment in the District, Student had been diagnosed with ADHD and with a physical/neurological impairment caused by a [redacted – birth defect] in infancy. In 3rd grade, a developmental pediatrician made an additional diagnosis of Asperger’s based upon a rating scale completed by Parent.

At Parents’ request, the District evaluated Student in the fall of both 3rd and 4th grades. Student was provided with §504 Service Agreements but was not found eligible for special education despite ability/achievement discrepancies in math and writing disclosed by the first evaluation and a specific learning disability in math identified in the second evaluation. The District concluded that Student did not need specially designed instruction because of good progress in the general education curriculum. Speech/Language and Occupational Therapy evaluations included in the 2010 evaluation established no need for related services. Student was reported to have no significant behavior problems or peer social interaction difficulties in school.

Parents’ claims in this matter are based upon their contention that the District’s failure to identify Student as IDEA eligible and provide special education and related services resulted in a denial of FAPE from the beginning of 3rd grade through Students’ charter school enrollment. The record compiled over two brief due process hearing sessions in November 2011 and January 2012 does not, however, support Parents’ claims. Consequently, Parents’ request for full days of compensatory education for the period in issue will be denied.