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& Supp.)[1], with a “free appropriate public education” as required by the IDEA, § 1415(a)(1)(A), and governing decisional law. 176, 207 (1982) (establishing the standard by which to judge an IEP). However, where the public school district is unable to provide a FAPE in the public schools, the IDEA requires that the school districts shall assume the cost of educating the child in a private school that meets the child’s educational and social services needs. A FAPE "consists of educational instruction specially designed to meet the unique needs of the handicapped child. " The IDEA establishes detailed procedures for IEP development and review. And, once a FAPE is offered, the school district need not offer additional educational services. In this action, the Court must assess, based on the applicable standard of review, whether the November 4, 2002 IEP was “reasonably calculated to enable [RT] to receive educational benefits.” See RT was born on March 27, 1998.

supported by such services as are necessary to permit the child to benefit from the instruction." , 458 U. IEPs "must contain statements concerning a disabled child's level of functioning, set forth measurable annual achievement goals, describe the services to be provided, and establish objective criteria for evaluating the child's progress.

So, at the same time that they worked to develop the September IEP, the parent’s began applying for RT to attend the Faison School, a private specialty school for autistic and developmentally delayed children that employs ABA therapy and that is run in conjunction with the Autism Center of Virginia at Virginia Commonwealth University. Mary Megson, a developmental pediatrician whose practice involves treating children with autism, stating that, using ABA therapy, Dr.

That program used a method of instruction known as TEACCH, a group-based education method which will be discussed in greater detail below. The September IEP noted that request, but rejected it with the comment that RT was to be continued using his existing IEP goals under the TEACCH program at Twin Hickory until a re-evaluation of his present level of performance could be accomplished.

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Advocacy ADD/ADHD Allergy/Anaphylaxis American Indian Assistive Technology Autism Spectrum Behavior & Discipline Bullying College/Continuing Ed Damages Discrimination Due Process Early Intervention (Part C) Eligibility ESSA ESY Evaluations FAPE Flyers Future Planning Harassment High-Stakes Tests Homeless Children IDEA 2004 Identification & Child Find IEPs ISEA Juvenile Justice Law School & Clinics Letters & Paper Trails LRE/Inclusion Mediation Military / DODParental Protections PE and Adapted PE Privacy & Records Procedural Safeguards Progress Monitoring Reading Related Services Research Based Instruction Response to Intervention (RTI) Restraints/Abuse Retention Retaliation School Report Cards Section 504 Self-Advocacy Teachers & Principals Transition Twice Exceptional (2e) VA Special Education Advocate's Bookstore Advocacy Resources Directories Disability Groups International State DOEs State PTIs Free Flyers Free Pubs Free Newsletters Legal & Advocacy Glossaries Legal Terms Assessment Terms Best School Websites The County School Board or Henrico County, Virginia (“School Board”) filed this action under 20 U. With six or seven children and one teacher, the PEDD program involved both group and individual-based education methods. She sought to have RT admitted to the autism program at Twin Hickory Public Elementary School for the 2002-2003 school year. In the spring of 2002, she endeavored to design a home ABA program for her son. The two women conducted the program in RT’s home during the summer of 2002. § 1415(i)(2)(A), seeking reversal of a State Hearing Officer’s decision of December 29, 2003 in the matter of . A March 2000 study by Henrico County found that RT had “significant communication and oral motor difficulties” and his receptive and expressive language, cognitive performance and speech production “were below average. In September 2001, RT entered Henrico County’s Pre-School Education For Developmentally Delayed (“PEDD”) program taught at Maybeury Elementary School by Patricia Nelson. She felt that the short term goals set for the 2001-2002 school year still had not been met mid-way through the PEDD program. enlisted the assistance of Amanda Adkins, a 2002 graduate of the University of Virginia who had spent two years during college and one year after college doing in-home ABA therapy to develop and implement an in-home ABA program. A FAPE is implemented through an individualized education plan (“IEP”), which is designed by an IEP team, consisting of school district educators and administrators, education experts, and, of vital importance, the child’s parents.In addition, after hearing about applied behavioral analysis or “ABA” therapy, a therapy that has proved effective in educating children with autism, Mrs. In September 2002, an IEP team convened to design an IEP for RT’s education at Twin Hickory.

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In the December 29, 2003 decision, the State Hearing Officer held that the School Board had failed to provide RT, a student eligible for services under the Individuals with Disabilities Education Act (“IDEA”), 20 U. In a January 2000 evaluation of RT, the Chesapeake Center found that RT had language delays and disorders in language, gestures, play and interaction skills. Thereafter, pursuant to an IEP written in April 2000, RT began receiving homebound services from HCPS in speech and occupational therapy. T., began to be concerned that RT was not progressing sufficiently. However, "Congress did not intend that a school system could discharge its duty under the [Act] by providing a program that produces some minimal academic advancement, no matter how trivial. After being referred to the Chesapeake Center, an organization that specializes in identifying and addressing early childhood developmental disorders, RT began receiving speech and occupational therapy through the Center under an Individualized Family Services Plan prepared by the Henrico Area Mental Health and Retardation Services’ Parent-Infant Program. Autism is recognized as a disability under the IDEA. In the Spring of 2000, Henrico County Public Schools (“HCPS”) identified RT as a student in need of special education services. ) During RT’s year in the PEDD program, RT’s mother, Mrs.