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Student v. Edinburg CISD, Dkt. No. 238-SE-0415 (Hearing Officer Lucius D. Bunton, August 10, 2015).

Facts:  The student was diagnosed with autism and attention deficit disorder and received special education and related services.  The student exhibited difficulties in social relationships, attention, and organizational skills.  The student had a history of passing classes with A’s and B’s.  However, during the spring semester of 2015, he was failing more than one course, which could be attributed to poor organizational skills.  The parents requested numerous accommodations, including one-on-one tutoring, preferential seating, and many other things.  The District declined to provide all of the requested accommodations.  The parents eventually requested a due process hearing, claiming that the District did not provide the student with an appropriate placement with proper supports.

Holding:  The hearing officer found no denial of FAPE.  The record showed that the student’s parent fully participated in the student’s ARD meetings, contrary to the parent’s contentions.  Although the student had some struggles during the spring 2015 semester, the student performed successfully in school and made sufficient educational progress to advance to the next grade level.  The hearing officer concluded that the student’s IEP was reasonably calculated to provide the student FAPE and denied the parent’s request for reimbursement of private evaluations.


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