Pasco | Case 25-4755 | 2026-03-27
Florida special education due-process decision
- Case number
- 25-4755
- Date
- 3/27/26
- Parties / district (official listing)
- Pasco
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Decision text
Page 1
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
**,
Petitioner,
vs.
PASCO COUNTY SCHOOL BOARD,
Respondent.
/
Case No. 25-4755E
FINAL ORDER
This case came before Administrative Law Judge (ALJ) Sara Marken of
the Division of Administrative Hearings (DOAH) for a final hearing via Zoom
conference over 4 non-consecutive days, beginning on November 20, 2025,
and concluding on February 5, 2026.
APPEARANCES
For Petitioner: Petitioner, pro se
(Address of Record)
For Respondent: Molly Lauren Shaddock, Esquire
Sniffen & Harmon, P.A.
605 North Olive Avenue, Second Floor
West Palm Beach, Florida 33401
STATEMENT OF THE ISSUES
Whether Petitioner’s individualized education plan (IEP), dated
May XXX, was designed to provide a free and appropriate public education
(FAPE);
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Whether Petitioner’s IEP, dated June XXX, was designed to provide
FAPE;1
Whether Petitioner’s IEP, dated August XXX, was designed to provide
FAPE;
Whe
ther the School Board failed to create a positive behavior intervention
plan (BIP) for Petitioner and, if so, whether such failure was a denial of
FAPE;
Whether the School Board’s proposed placement for Petitioner is the least
restrictive environment (LRE) within the meaning of the Individuals with
Disabilities Education Act (IDEA);
Whether the School Board denied Petitioner’s parent the right to
meaningfully participate in the August XXX IEP meeting;
Whe
ther the School Board predetermined Petitioner’s proposed
placement; and
What relief, if any, is appropriate?
PRELIMINARY STATEMENT
Petitioner filed a request for a due process hearing (Complaint) with
the School Board on August 29, 2025, which the School Board forwarded
to DOAH on September 3, 2025. The case was initially assigned to
ALJ Nicole Saunders. ALJ Saunders issued a Case Management Order
1 Since there is no record of a June XXX IEP, therefore, this issue is not addressed in the
order.
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on September 3, 2025.2 Respondent replied to the Complaint on September 8,
2025. ALJ Saunders held a status conference on September 25, 2025. During
the conference, the parties agreed to extend the resolution period to
October 8, 2025. On October 17, 2025, ALJ Saunders issued a Notice of Zoom
Scheduling Conference for October 23, 2025. At the conference, the parties
agreed to confirm and provide the tribunal with several mutually agreeable
dates, as well as the preferred format for conducting the hearing, by
October 30, 2025. On October 29, 2025, Respondent filed a Response to Order
Requiring Response, indicating that the parties agreed to a virtual hearing
format, but had not agreed on dates for the final hearing. As a result,
ALJ Saunders held a pre-hearing conference on October 31, 2025. At the
conference, the parties agreed to schedule the final hearing for November 20
and 21, 2025.
On November 3, 2025, Petitioner filed a Motion to Amend Issue for Final
Hearing (Motion), and Respondent filed a response on the following date. On
November 6, 2025, Petitioner filed a Response in Opposition to Respondent’s
Motion to Cancel Final Hearing. On the same date, ALJ Saunders issued an
Order on Pending Motion addressing all three pleadings. The Order denied
Petitioner’s Motion and indicated that the hearing would proceed on the
previously scheduled dates and on the issues identified in the Notice of
Hearing. On November 7, 2025, this matter was transferred to the
undersigned.
The parties filed a Joint Statement of Undisputed Facts on November 12,
2025. Petitioner then filed an Emergency Motion for Assistance in Securing
Witnesses (Emergency Motion) on November 13, 2025. On the same date, the
undersigned issued a Notice of Motion Hearing by Zoom Conference for
2 There was a scrivener’s error on the initial Case Management Order. An Amended Case
Management Order was issued on the same day.
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November 14, 2025, and Respondent filed a Response in Opposition to
Petitioner’s Emergency Motion for Assistance in Securing Witnesses. At the
Motion Hearing, Petitioner clarified inadvertent misrepresentations,
Respondent agreed to accept timely service of subpoenas for current School
Board employees, and the Motion was rendered moot. The undersigned held
the final hearing as scheduled, but the parties did not finish presenting their
cases, so the undersigned scheduled additional hearing dates on February 2,
5, and 6, 2026. Petitioner failed to appear for the hearing on February 2,
2026. The hearing concluded on February 5, 2026, with all parties in
attendance.
Petitioner presented the testimony of Petitioner’s parent; XXXXXXXXXX,
Senior Supervisor of Compliance and Resolution; XXXXXXXXXX, Student
Support Specialist; XXXXXXXXXXXXX, Instructional Assistant;
XXXXXXXXXXX, Intervention Specialist; XXXXXXXXXX, Varying
Exceptionalities teacher; XXXXXXXXX, school psychologist; XXXXXXXXXXXX,
teacher. The parties jointly presented the testimony of XXXXXXXXXXX,
teacher, and XXXXXXXX, Student Discipline Assistant. During their case,
Respondent recalled XXXXXXXX, XXXXXXXXX, XXXXXXX, and XXXXXX.
Additionally, Respondent presented the testimony of XXXXXXXXXX,
Compliance and Resolution Specialist; XXXXXXXXXXXXXXXXX, Assistant
Principal; and XXXXXXXXXXXXXXXXXXXXX, Student Support Specialist.
The exhibits entered into the record are memorialized in the hearing
Transcript.
U
nless otherwise indicated, all rule and statutory references refer to
the version in effect at the time of the alleged violations. For stylistic
convenience, the undersigned uses male pronouns in this Final Order when
referring to Petitioner. The male pronouns neither intend, nor should anyone
interpret them, as a reference to Petitioner’s actual gender.
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FINDINGS OF FACT
1. Before the due process hearing, the parties stipulated to these facts:
Stipulated Facts
2. Petitioner resides within the boundaries of the Pasco County School
District.
3. Petitioner was born on November 26, XXX, and is currently XX-years-
old.
4. For the XXXXXX school year, Petitioner was a XXXXXXXXX student
enrolled at XXXXXXXXXXXXXXXXXXXXXX, a XXXXX school located in the
district, and then transferred on January 27, XXX, to XXXXXXXXXXX
XXXXXXX, a district-operated XXXXXXX school.
5. For the XXXXXXX school year, Petitioner was a XXX-grade student
at XXXXXXXXXXXXXXXXXX, but stopped attending on August 15, XXX.
Petitioner was withdrawn from the district on October 6, XXX, to attend a
XXXXX school using the XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXX.
6. P etitioner is a student with a disability under the IDEA.
7. Petitioner has an IEP.
Findings of Fact based on the record
8. The student is eligible for exceptional student education (ESE) services
under the category of Other Health Impaired (OHI). The student has a
medical diagnosis of attention-deficit/hyperactivity disorder (ADHD) and a
mood disorder.
9. As a result of his disabilities, the student often becomes emotionally
dysregulated. He engages in elopement and physical aggression towards
himself and others.
10. During the fall of XXX, while attending XXXXXXX, the student
demonstrated behavioral and academic concerns such as physical aggression,
elopement, and the inability to remain on task. This led the school to
implement behavior strategies, including first-then prompts, reward systems,
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breaks, visual schedules, and social stories. He was also unable to regularly
attend school, missing approximately half of all school days―a problem that
will persist at all times relevant to this Order.
11. On January 24, XXX, XXXXXX held an eligibility meeting to
determine if the student was eligible for ESE under the category of OHI. The
IEP team found the student ineligible because the school lacked the required
medical documentation supporting a medical diagnosis.
12. Although the team found the student ineligible for an IEP at
XXXXXXX, the record reflects that school staff advised the parent that the
student required additional supports and services not available at the XXXXX
school, which prompted XXX to withdraw him from XXXXXX and enroll him
at XXXXXXXXXXXXXXXXX.
13. The student began at XXXXXXXXXXXXXXXXX on January 28, XXX.
He experienced the following behavioral incident:
Hello. Below are the notes that I have for [**]’s day
for
when the behavior team assisted. 1:20, [**] was
in class, went to the bathroom, and was slamming
the bathroom door (opening it and slamming it
closed repeatedly.) I went to check on him just to
make sure everything was okay. [**] was climbing
on top of the sink. In my opinion, I did not feel this
was safe, so I stood there trying to talk to him and
him and to keep him safe. After about two minutes,
[**] pushed me out the way, grabbed the chair, and
threw it at me, and ran out the classroom, and then
out of the school building. [**] was running towards
our car loop. I was able to block him from getting into
the loop and out to traffic, as this is around when the
high school and middle school on our campus are
dismissing. I called for an extra behavior support to
walk [**] back into the building. We made it inside
the building at 1:25, while walking [**] into the
building, he became upset and proceeded to kick
myself and XXXXXXXXX (the behavior intervention
specialist.) We brought him into our calm -down
room to give him a few minutes to calm down. While
with us, he proceeded to be physical with myself and
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XXXXXXXXXXXX, as well as kicking the walls and
peeling the paint from the wall. During this time, he
was not safe and made unsafe” -- it says “insafe”; it
should say “un” – “statements and at which” --
should say “point, we had to get our guidance
counselor, XXXXXXX involved to talk with [**]. [**]
went back to class at 2:25 for specials. During our
time with [**] he was physical with staff about 13
times, and was unsafe with himself about seven
times, hitting his head on the walls and floor. If you
have any questions, please do not hesitate to reach
out with my information listed below.
A
fter the incident, the student missed the following two weeks of school.
14. On February 7, XXX, the school held a meeting with the student’s
parent to plan for a way for the student to return to school. The parent
indicated that it would be best if the student attended half days for the first
week back to school, and she would remain in the front office in case he
needed additional support. On February 10, XXX, the parent provided
consent for an evaluation pursuant to Section 504 of the Rehabilitation Act
of 1974.
15. The s
tudent attended school intermittently for the next few weeks. On
February 20, XXX, the parent provided consent to evaluate the student for
ESE eligibility in the OHI category. At the meeting, school staff also
discussed strategies and interventions to address the student’s maladaptive
behaviors. These included implementing the behavior plan received from
XXXXXX and providing a range of behavioral supports and interventions—
such as behavior chart systems, including token and reward programs, and a
coloring-based incentive chart—as well as ongoing staff support. The school
also utilized de-escalation strategies and provided access to calm-down areas
or rooms. Behavior intervention staff repeatedly attempted to de-escalate the
student’s behavior and support the student in regaining control during
periods of dysregulation.
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16. Despite these interventions and supports, the student attended school
inconsistently and was present for approximately 28 days between January
and May XXX. When present, he continued to exhibit maladaptive behaviors,
including frequent elopement and physical aggression. The student’s poor
attendance significantly affected the effectiveness of the interventions and
supports, as it l imited the school’s ability to implement them consistently and
to collect sufficient data on his behavior.
17. On April 3, XXX, the student engaged in a significant behavioral crisis
that resulted in a threat assessment. The student was placed in a calm-down
room, where he exhibited escalated dysregulation, made statements involving
threats of self-harm, and removed his clothing down to his underwear. Staff
responding to the incident wore protective gear due to the nature of his
behaviors, and staff removed items from the room to maintain safety. The
incident required intervention by the behavior team and was severe enough
to prompt a formal threat assessment.
18. During the spring of XXX, the school attempted to complete a
Functional Behavioral Assessment (FBA); however, the student’s
a
bsenteeism prevented the team from collecting the weeks of consistent data
required to complete the assessment.
19. I n May, the school convened an IEP meeting to develop the student’s
initial IEP following his eligibility for ESE services. The meeting began on
May 12, XXX, but continued to May 16, XXX, due to a lack of consensus
among team members. The team ultimately finalized the IEP on May 16,
XXX, which included accommodations and supports addressing the student’s
behavioral needs. However, because the school had not completed the FBA,
the IEP did not include a formal Behavior Intervention Plan (BIP). During
the meeting, the parent expressed disagreement with the proposed plan and
left before the meeting concluded.
20. F
ollowing the May IEP meeting, the student missed all but one day of
school before the end of the school year.
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21. In June, the student’s parent requested that the school complete a
reevaluation and expressed concern over the student’s lack of academic
progress. The school-based team convened on June 2, XXX, determined that
additional data focusing on the student’s academic achievement levels would
be useful, and requested the parent’s consent to conduct the reevaluations.
22. For reasons the record does not reflect, the parent did not provide
consent for the reevaluation until August 15, XXX, at which point, the school
psychologist made several attempts to meet with the student. Ultimately,
XXXXXX evaluated the student on September 17, XXX.
23. The XXXXXXX school year began on August 11, XXX. The student
attended four days of class and never returned.
24. The school convened another IEP meeting on August 20, XXX. At the
meeting, the team reviewed the student’s needs and revised his IEP,
considering his behavioral challenges, attendance, and lack of progress. The
IEP included the student’s present levels of achievement, measurable goals,
and a ccommodations. The team determined that the student would access his
education in a special education classroom rather than a general education
classroom, as the school team concluded that a general education setting
could not meet the student’s needs. The parent attended and actively
participated in the meeting but disagreed with the team’s recommendations.
25. The parent withdrew the student from XXXXXXXXXXXXXXXXX in
October XXX.
26. T he greater weight of the evidence does not establish that the School
Board denied the student FAPE. The May and August IEPs were reasonably
calculated to enable the student to make progress in light of his
circumstances. The record demonstrates that the student’s chronic
absenteeism significantly hindered his ability to make educational progress.
The evidence does not support any of the issues raised by Petitioner.
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CONCLUSIONS OF LAW
27. DOAH has jurisdiction over the parties and the subject matter of this
proceeding pursuant to sections 1003.57(1)(c) and 1003.5715(5), Florida
Statutes, and Florida Administrative Code Rule 6A-6.03311(9)(u).
28. The burden of proof is on Petitioner to prove the claims by a
preponderance of the evidence. See Schaffer v. Weast, 546 U.S. 49, 62 (2005);
Loren F. v. Atlanta Indep. Sch. Sys., 349 F.3d 1309, 1313 (11th Cir. 2003);
Devine v. Indian River Cnty. Sch. Bd., 249 F.3d 1289, 1291 (11th Cir. 2001).
29. Congress passed the IDEA “to ensure that all children with disabilities
have available to them a free appropriate public education [FAPE] that
emphasize[s] special education and related services designed to meet their
unique needs and prepare them for further education, employment, and
independent living.” 20 U.S.C. § 1400(d)(1)(A); Phillip C. ex rel. A.C. v.
Jefferson Cnty. Bd. of Educ., 701 F.3d 691, 694 (11th Cir. 2012).
30. In enacting the IDEA, Congress sought to “ensure that all children
with disabilities have available to them a free appropriate public education
that emphasized special education and related services designed to meet
their unique needs and prepare them for further education, employment, and
independent living.” 20 U.S.C. § 1400(d)(1)(A); Phillip C., 701 F.3d at 694.
The statute was intended to address the inadequate educational services
offered to children with disabilities and to combat the exclusion of such
children from the public-school system. 20 U.S.C. § 1400(c)(2)(A)-(B). To
accomplish these objectives, the federal government provides funding to
participating state and local educational agencies, contingent on each
agency’s compliance with the IDEA’s procedural and substantive
requirements. Doe v. Ala. State Dep’t of Educ., 915 F.2d 651, 654 (11th Cir.
1990).
31. The IDEA provides parents and children with disabilities with
substantial procedural safeguards. Bd. of Educ. v. Rowley, 458 U.S. 176,
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205-06 (1982). Among other protections, parents can examine their child’s
records and participate in meetings concerning their child’s education;
receive written notice before any proposed change in the educational
placement of their child; and file an administrative due process complaint
about any matter relating to the identification, evaluation, or educational
placement of their child, or the provision of FAPE. See 20 U.S.C. § 1415(b)(1),
(b)(3), & (b)(6).
32. In Rowley, the Supreme Court held that a two-part inquiry must be
undertaken in determining whether a local school system has provided a
student with FAPE. First, it is necessary to examine whether the school
district has complied with the IDEA’s procedural requirements. Rowley, 458
U.S. at 206-07. A procedural error does not automatically result in a denial of
FAPE. See G.J. v. Muscogee Cnty. Sch. Dist., 668 F.3d 1258, 1270 (11th Cir.
2012). Instead, the school board denies a student FAPE only when a
procedural flaw impedes the student’s right to FAPE, significantly infringes
on the parents’ opportunity to participate in the decision-making process, or
causes an actual deprivation of educational benefits. Winkelman v. Parma
City Sch. Dist., 550 U.S. 516, 525-26 (2007).
33. Petitioner asserts that the School Board denied the student’s parent
the opportunity to meaningfully participate in the August IEP meeting, and
that it had predetermined the student’s proposed placement in an ESE
classroom.
34. The Eleventh Circuit addressed the issue of predetermination for the
first time in R.L., S.L., individually and on behalf of O.L. v. Miami Dade
County School Board, 757 F.3d 1173 (11th Cir. 2014). In that case, the
Eleventh Circuit held that “Predetermination occurs when the state makes
educational decisions too early in the planning process, in a way that
deprives the parents of a meaningful opportunity to fully participate as equal
members of the IEP team.” Id. at 1188. This prohibition arises out of the
IDEA’s implementing regulation, which “maintains that a child’s placement
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‘must be based on the IEP.’” Id. (citing 34 C.F.R. § 300.116(b)). Thus, “the
state cannot come into an IEP meeting with closed minds, having already
decided material aspects of the child’s education program without parent
input.” Id. at 1188. See N.L. v. Knox Cnty. Schs., 315 F.3d 688, 694-95 (6th
Cir. 2003) (finding no predetermination where school district representatives
“recognized that they were to come to the meeting with suggestions and open
minds, not a required course of action”); H.B. v. Las Virgenes Unified Sch.
Dist., 239 Fed. App’x 342, 344 (9th Cir. 2007) (explaining that when
determining predetermination, a trier of fact must make findings on the
school district’s predetermined plan and its unwillingness to consider
alternative options).
35. That said, ‘‘‘[P]redetermination is not synonymous with preparation,’
which the IDEA allows.” M.V. v. Conroe Indep. Sch. Dist., CV H-18-401, 2019
WL 193923, at *5 (S.D. Tex. Jan. 15, 2019). Therefore, school-based members
of the IEP team may have preformed opinions on what is appropriate for a
child’s education so long as such views do not “obstruct the parents’
participation in the planning process.” R.L., 757 F.3d at 1188.
36. As the Court explained, to avoid a finding of predetermination, there
must be evidence that the School Board was receptive and responsive at all
stages to the parents’ position, even if it ultimately rejected it. Id. (citing
Doyle v. Arlington Cnty. Sch. Bd., 806 F. Supp. 1253, 1262 (E.D.Va. 1992)).
The inquiry into whether predetermination occurred is inherently fact-
intensive, but it should identify those cases in which parental participation is
meaningful and those in which it is merely a formality. R.L., 757 F.3d at
1189.
37. The parent actively participated in the August XXX IEP meeting and
voiced strong disagreement with the proposed educational placement. The
record reflects that the School Board convened multiple meetings and
coordinated with the parent, including rescheduling or delaying them when
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necessary to facilitate her participation. The evidence does not establish that
the School Board predetermined the student’s placement.
38. Petitioner also alleges that both the May and August IEPs do not
provide FAPE.
39. To satisfy the IDEA’s substantive requirements, school districts must
provide all eligible students with FAPE, which is defined as:
[S]pecial education services and related services
that –
(A) have been provided at public expense, under
public supervision and direction, and without
charge; (B) meet the standards of the State
educational agency; (C) include an appropriate
preschool, elementary school, or secondary school
education in the State involved; and (D) are provided
in conformity with the individualized education
program required under [20 U.S.C. § 1414(d)].
20 U.S.C. § 1401(9).
40. The components of FAPE are recorded in an IEP, which, among other
things, identifies the child’s present levels of academic achievement and
functional performance; establishes measurable annual goals; addresses the
services and accommodations to be provided to the child, and whether the
child will attend mainstream classes; and specifies the measurement tools
and periodic reports to be used to evaluate the child’s progress. 20 U.S.C.
§ 1414(d)(1)(A)(i); 34 C.F.R. § 300.320. “The IEP is the centerpiece of the
statute’s education delivery system for disabled children.” Endrew F. v.
Douglas Cnty. Sch. Dist. RE-1, 137 S. Ct. 988, 994 (2017) (quoting Honig v.
Doe, 108 S. Ct. 592 (1988)). “The IEP is the means by which special education
and related services are ‘tailored to the unique needs’ of a particular child.”
Id. (quoting Bd. of Educ. v. Rowley, 458 U.S. at 181).
41. In Endrew F., the Supreme Court held that “[t]o meet its substantive
obligation under the IDEA, a school must offer an IEP reasonably calculated
to enable a child to make progress appropriate in light of the child’s
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circumstances.” 137 S. Ct. at 999. As discussed in Endrew F., “[t]he
‘reasonably calculated’ qualification reflects a recognition that crafting an
appropriate program of education requires a prospective judgment by school
officials,” and that “[a]ny review of an IEP must appreciate that the question
is whether the IEP is reasonable, not whether the court regards it as ideal.”
Id.
42. Most importantly, the IDEA provides that an IEP must be
individualized to the student and include measurable annual goals and
services designed to meet each of the educational needs that result from the
student’s disability. 20 U.S.C. § 1414(d)(1)(A)(i)(II); Alex R. v. Forrestville
Valley Cmty. Unit Sch. Dist. #221, 375 F.3d 603, 613 (7th Cir. 2004)
(explaining that an IEP must respond to all significant facets of the student’s
disability, both academic and behavioral); CJN v. Minneapolis Pub. Schs.,
323 F.3d 630, 642 (8th Cir. 2003) (“We believe, as the district court did, that
the student’s IEP must be responsive to the student’s specific disabilities”).
43. In this case, the IEPs included the required components, including the
student’s present levels of academic achievement and functional performance,
measurable annual goals, specially designed instruction, related services, and
a placement determination. The only specific allegation raised by Petitioner
is that the student should have been provided a one-to-one aide. However, the
record does not establish that the absence of a one-to-one aide rendered the
IEPs inadequate. Rather, the record demonstrates that the student’s
inconsistent attendance hindered the School Board’s ability to implement
interventions and supports to address his behavioral challenges and enable
him to access his education.
44. The next issue concerns whether the School Board’s failure to develop
a formal BIP denied the student a FAPE. “In the case of a child whose
behavior impedes the child's learning or that of others, [the IEP must]
consider the use of positive behavioral interventions and supports, and other
strategies, to address that behavior.” 34 C.F.R. § 300.324.
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45. Here, it is unrefuted that the School Board did not create or
implement a formal BIP. However, the record establishes that the School
Board provided behavioral interventions and implemented behavioral
strategies to address the student’s maladaptive behaviors. The School Board
also initiated an FBA, which is a necessary step in developing an appropriate
BIP. The student’s inconsistent attendance prevented the team from
collecting the consistent data required to complete the FBA and, as a result,
from developing a formal BIP. Under these circumstances, the absence of a
BIP did not deny the student a FAPE. Accordingly, Petitioner does not
prevail on this issue.
46. F
inally, Petitioner alleges that the School Board’s proposed placement
in the August XXX IEP is not the LRE within the meaning of the IDEA. The
IDEA provides directives on students’ placements or education environments
in the school system. Specifically, 20 U.S.C. § 1412(a)(5)(A) provides, as
follows:
Least re
strictive environment.
(A) In general. To the maximum extent appropriate,
children with disabilities, including children in
public or private institutions or other care facilities,
are educated with children who are not disabled, and
special classes, separate schooling, or other removal
of children with disabilities from the regular
educational environment occurs only when the
nature or severity of the disability of a child is such
that education in regular classes with the use
of supplementary aids and services cannot be
achieved satisfactorily.
47. With the LRE directive, “Congress created a statutory preference for
educating handicapped children with nonhandicapped children.” Greer v.
Rome City Sch. Dist., 950 F.2d 688, 695 (11th Cir. 1991). “By creating a
statutory preference for mainstreaming, Congress also created a tension
between two provisions of the Act, school districts must both seek to
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mainstream handicapped children and, at the same time, must tailor each
child’s educational placement and program to his special needs.” Daniel R.R.
v. State Bd. of Educ., 874 F.2d 1036, 1044 (5th Cir. 1989).
48. In Daniel, the Fifth Circuit set forth a two-part test for determining
compliance with the mainstreaming requirement:
First, we ask whether education in the regular
classroom, with the use of supplemental aids and
services, can be achieved satisfactorily for a given
child. See § 1412(5)(B). If it cannot and the school
intends to provide special education or to remove the
child from regular education, we ask, second,
whether the school has mainstreamed the child to
the maximum extent appropriate.
874 F.2d at 1048.
49. In Greer, the Eleventh Circuit adopted the Daniel two-part inquiry. In
determining the first step, whether a school district can satisfactorily educate
a student in the regular classroom, several factors are to be considered: (1) a
comparison of the educational benefits the student would receive in a regular
classroom, supplemented by aids and services, with the benefits he will
receive in a self-contained special education environment; (2) what effect the
presence of the student in a regular classroom would have on the education of
other students in that classroom; and (3) the cost of the supplemental aids
and services that will be necessary to achieve a satisfactory education for the
student in a regular classroom. Greer, 950 F.2d at 697.
50. The greater weight of the evidence establishes that the student
requires supports and services beyond those available in a general education
setting. The proposed placement would have mainstreamed the student to
the maximum extent appropriate.
51. In sum, Petitioner failed to prove, by a preponderance of the evidence,
that the School Board denied the student FAPE.
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ORDER
Based on the foregoing Findings of Fact and Conclusions of Law, it is
ORDERED that Petitioner failed to satisfy his burden of proof related to
the claims asserted in Petitioner’s Complaint. All requests for relief are
DENIED.
DONE AND ORDERED this 27th day of March, 2026, in Miami, Dade
County, Florida.
SCase No. 25-4755E
SARA M. MARKEN
Administrative Law Judge
DOAH Miami Office
Division of Administrative Hearings
2001 Drayton Drive
Tallahassee, Florida 32311
(850) 488-9675
www.doah.state.fl.us
Filed with the Clerk of the
Division of Administrative Hearings
this 27th day of March, 2026.
COPIES FURNISHED:
Bryce D. Milton, Educational Program Director Paul Matthew Meeker, Esquire
(eServed) (eServed)
William D. Chappell, General Counsel Amy J. Pitsch, Esquire
(eServed) (eServed)
Dr. John Legg, Superintendent Molly Lauren Shaddock, Esquir
(eServed) (eServed)
Petitioner
(eServed)
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NOTICE OF RIGHT TO JUDICIAL REVIEW
This decision is final unless, within 90 days after the date of this decision, an
adversely affected party:
a) brings a civil action in the appropriate state
circuit court pursuant to section 1003.57(1)(c),
Florida Statutes (2014), and Florida Administrative
Code Rule 6A-6.03311(9)(w); or
b) brings a civil action in the appropriate district
court of the United States pursuant to 20 U.S.C.
§ 1415(i)(2), 34 C.F.R. § 300.516, and Florida
Administrative Code Rule 6A-6.03311(9)(w).
18
