The content from this post comes from Dr. Whitehead's weekly email.
These posts are sent out weekly to leaders in special education and Section 504. Each post contains tips and resources on a variety of topics that are meant to keep you informed and up to date. Please consult your district attorney if you are looking
for legal advice, as this is out of my realm. The opinions contained herein are my own.
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Please feel free to reach out if you have ideas on topics and resources. This week’s post includes links to information on:
Scenario:
S.S v. Bd. Of Education of Harford Cty., 77 LRP 182 (D.Md.2020)
Background:
A student with Autism and other conditions exhibited serious behaviors, including noncompliance, throwing, and self-hitting. The IEP team delayed for months in conducting an FBA to address the behavior problems, and when completed, the resulting interventions
did not address all problem behaviors, such as the student pulling out her hair, and her self-hitting in fact increased. On one occasion, the student eloped from school and was found in a parking lot, where another parent returned her to the classroom
(staff were dealing with another student and did not notice she had left). On other occasions, a peer attached and scratched the students, and the school first created a Safety Plan, and when the student was again attacked by the peer, separated the
students.
Parents filed suit for denial of FAPE and gross misjudgment seeking financial compensation.
How did the Court rule? Was there a denial of FAPE and gross misjudgment? Click on the link below to find out.
Everyone: —
Thank you, Kerri Blankenship
504: —
Thank you, Kristin Hennessey
—
Thank you, Kristin Hennessey
— By OSPI
Special Education & 504 Case Law:Special Education:OSPI:
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