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Student v. North East ISD, Dkt. No. 282-SE-0515 (Hearing Officer Lucius D. Bunton, October 9, 2015)

Facts:  The parent in this case alleged that the District had not properly evaluated and identified the student’s educational disabilities, failed to provide the student FAPE, failed to provide transition planning, and improperly changed the student’s educational placement.  The record showed that the student received special education due to a specific learning disability and an other health impairment for Attention Deficit Hyperactivity Disorder.  The student engaged in a serious disciplinary incident that led to a recommendation for the student’s removal to a disciplinary placement.  A manifestation determination review concluded that the student’s behavior was not caused, nor did it have a direct and substantial relationship to the student’s disabilities, and was not the direct result of the school’s failure to implement the student’s IEP.  The parent withdrew the student from school and the student did not serve any time in the disciplinary setting.  The parent also requested a due process hearing.

Holding:  The hearing officer found no violation of the Individuals with Disabilities Education Act.  The student’s IEP was reasonably calculated to provide meaningful educational benefit.  The District properly conducted a manifestation determination review of the student’s disciplinary incident.  The student’s removal to the disciplinary placement was appropriate.  The District’s actions were based upon applicable state and federal law. Before the incident, the student was making educational progress and performing well under the provisions of the student’s IEP and BIP.  The hearing officer, therefore, ruled in favor of the District.


Read next article – The District’s IEP Was Appropriate And The Parent Was Not Entitled To An IEE

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