Wissahickon School District | Case 26474-21-22 | 2022-08-24
Pennsylvania special education due-process decision
- Case number
- 26474-21-22
- Date
- 08/24/2022
- Parties / district (official listing)
- Wissahickon School District
- Hearing officer
- Michael McElligott
- Issues (official listing)
- Least Restrictive Environment Individualized Education Program
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Decision text
Page 1
This is a redacted version of the original decision. Select details have been removed from the decision
to preserve anonymity of the student. The redactions do not affect the substance of the document.
Pennsylvania Special Education Hearing Officer
Final Decision and Order
Closed Hearing
ODR File Number
26474-21-22
Child’s Name
E.C.
Date of Birth
[redacted]
Parents
[redacted]
Counsel for Parents
Judith Gran, Esquire
Reisman Carolla Gran
19 Chestnut Street
Haddonfield, NJ 08033
Local Educational Agency
Wissahickon School District
601 Knight Road
Ambler, PA 19002
Counsel for LEA
Beth Shore, Esquire
Fox Rothschild
10 Sentry Parkway – Suite 200
Blue Bell, PA 19422
Hearing Officer
Michael J. McElligott, Esquire
Page 2
Date of Decision
08/24/2022
Introduction
This special education due process hearing concerns the educational
rights of E.C. (“student”), a student who resides in the Wissahickon School
District (“District”) and attends District schools.1 The parties agree that the
student qualifies under the terms of the Individuals with Disabilities in
Education Improvement Act of 2004 (“IDEIA”).2 The student has been
diagnosed with [redacted], intellectual disability, autism, expressive and
receptive language disorder, and dysarthria.3 The student has been
identified under the terms of the IDEIA as a student with intellectual
disability, autism, and speech and language (“S&L”) impairment.4 The
parties disagree over the appropriate placement for, and the type of
programming to be delivered to, the student.
Parents seek a special education placement in the student’s
neighborhood school, the school the student would attend if the student had
no disability. Parents also seek a change in the type and amount of
instruction the student receives, requesting that the student receive
programming that, though modified, is geared toward academics in literacy
and mathematics.
1 The generic use of “student”, and avoidance of personal pronouns, are employed to
protect the confidentiality of the student.
2 It is this hearing officer’s preference to cite to the pertinent federal implementing
regulations of the IDEIA at 34 C.F.R. §§300.1-300.818. See generally 22 PA Code
§§14.101-14.162 (“Chapter 14”).
3 School District Exhibit (“S”)-39 at page 1. Dysarthria is a “neurological speech
impairment marked by disturbances of speech muscles in speed strength,
steadiness, coordination, precision, tone, and range of motion”. The student’s speech
exhibits “imprecise articulation, weak articulatory contacts, sound distortions,
decreased rate of speech, and decreased intonation”. S-40 at page 17 (quoted
material itself a direct quotation from a speech and language evaluation at a
children’s hospital).
4 S-39 at page 56.
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The District counters that its autism support program, housed in a
school that is not the student’s neighborhood school, is the appropriate
placement. The District also is resistant to increasing the focus on the
student’s programming in academics at the expense of an applied behavior
analysis (“ABA”) model and various teaching techniques (including discrete-
trial training and intensive teaching) which the District argues have been
appropriate for the student in establishing and deepening the foundations for
more advanced learning.
For reasons set forth below, I make specific findings as to the
student’s programming and placement, including revisions to the student’s
individualized education program (“IEP”) along with instructions to the
student’s IEP team.
Issues
1. What is the appropriate school-building placement for the student?
2. What is the appropriate instructional programming for the student?
3. What is the appropriate level of inclusion for delivery of instruction in
regular education?
Findings of Fact
All evidence in the record, both exhibits and testimony, were
considered. Specific evidentiary artifacts in findings of fact, however, are
cited only as necessary to resolve the issue(s) presented. Consequently, all
exhibits and all aspects of each witness’s testimony are not explicitly
referenced below.
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1. The student’s disability profile is complex and has been identified as a
student with an intellectual disability, autism, and S&L impairment. (S-
3, S-39, generally, and at page 56).
2. The student has not attended the neighborhood school. Instead, the
student has attended a different school where the District’s autism
support program is located. For the upcoming 2022-2023 school year,
the District is re-locating its autism support program to a new
elementary school within the District; this new elementary school is
also not the student’s neighborhood school. (Notes of Testimony
[“NT”] at 78, 733-734).
3. The student’s pendent IEP was developed in December 2020. Since
that time, it has served as the student’s IEP. (S-40).
4. The December 2020 IEP identifies the student’s needs as follows:
improve expressive and receptive language skills, improve functional
communication (requesting), increase identification of common
objects, increase visual perceptual skills, increase reading and math
skills, increase speech production skills, improve self-help and skills of
daily living, decrease problem behaviors/improve appropriate school
behaviors. (S-40 at page 43).
5
5. The December 2020 IEP includes goals, in relevant part, in the
following areas: letter identification, letter sound, reading
comprehension (‘show me’ or ‘find me’ characters, settings, details
from a text read to the student), labeling, requesting, number
identification, counting, shapes, colors, speech sound identification,
5 The student also has occupational therapy needs (both gross and fine motor skills)
and physical therapy needs. These needs, and programming to address those needs,
are not an integral aspect of the dispute between the parties and do surface in the
record in any meaningful way.
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visual perceptual, self-help skills, appropriate school behavior
(decreased refusals, elopement, and physical contact), behavior during
transitions, and tolerating “no”. (S-40 at pages 51-62, 65-67).
6. The specially-designed instruction and program modifications for
instruction in the December 2020 IEP include: modification of general
education curriculum in the general education classroom, incorporation
of ABA principles with teaching techniques including intensive
teaching, functional communication (requesting or “mand”) training,
natural environment teaching, differential reinforcement, task analysis
and chaining, discrimination and generalization. (S-40 at pages 68-71,
74, 75).
7. The specially-designed instruction and program modifications for
behavior in the December 2020 IEP include: reduction of
escape/improve motivation, implementation of the student’s positive
behavior support plan, variable ratio of reinforcement, informal
preference/reinforcer assessments, and movement and sensory
breaks. (S-40 at page 69, 70, 74).
8. The December 2020 IEP provides two weekly 30-minute individual
sessions of S&L services in the special education classroom, one
weekly 30-minute individual session in the general education
classroom, and one 30-minute group session in the special education
classroom approximately twice per month. (S-40 at page 75; NT at
493-503).
9. The student utilizes a total communication approach for expressive
speech, including vocalization, the use of an assistive communication
device (a tablet computer with images for the student to select to
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communicate wants and needs), and signs/approximations. (NT at 80,
87-88, 173, 224-225, 425-428, 448-452, 475-477, 677-678).
10. The December 2020 IEP provides the support of a 1:1 aide for
the student in all settings across the school day, a support which the
student has had as part of past programming. (S-40 at page 75; see
S-5 at page 53).
11. The placement in the December 2020 IEP reflects that the
student is in the general education setting for 65% of the school day.
(S-40 at page 81).
12. The dynamic between the student’s needs and special education
or general education settings is laid out comprehensively in the
placement considerations of the December 2020 IEP. Those
considerations for the IEP team are quoted, in relevant part, in the
findings of fact that follow. (S-40 at pages 78-79).
13. In explaining why the supplementary aids and services will, or
will not, enable the student to make progress on IEP goals in the
general education class, the December 2020 IEP notes, in relevant
part: “The supplementary aids and services included in this IEP will
support (the student) in the general education
environment/curriculum; however, (the student) also continues to
require intensive, direct, explicit, systematic instruction in the special
education setting provided by a highly trained transdisciplinary team in
order to increase skill acquisition and reduce barriers to learning in
the areas of language; behavior, self-help skills including but not
limited to toileting, dressing, hygiene, etc.,…and visual perceptual
skills…in order to make progress on (the) IEP goals in the general
education class.” (S-40 at page 78).
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14. In explaining what benefits are provided in the general education
class with supplementary aids and services versus the benefits
provided in the special education class, the December 2020 IEP notes:
“Benefits of the general education class include: access to
the general education curriculum, participation with
general education peers, peer models, socialization with
peers, opportunities for generalization of learning in the
natural environment, practice of group responding skills.”
“Benefits of the special education class include: one-to-one
instruction delivered in a small group setting on
individualized, targeted skills, instruction delivered in areas
of identified areas of need with a high rate of daily
repetition and using research based methodologies; less
distractions (less students, movement, noise),
opportunities to learn targeted behavior or social skills in a
small group or 1:1 contrived setting and to provide
multiple trials for practice (e.g., reverse inclusion, adapted
encore class, occupational and physical therapy services)
prior to instruction moving to the natural environment;
ability to engage in activities with highly motivating
items/activities in a play-based model, which results in
higher levels of interaction/responding and a (sic) less
exhibited escape behaviors.” (S-40 at page 78).
15. In explaining the potential beneficial and/or harmful effects on
the student or other students in a class, even with supplementary aids
and services, the December 2020 IEP notes:
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“Beneficial effects on students with disabilities: access to
the general education curriculum; access to peer
behavioral and language models and opportunities for
socialization and collaboration; opportunities for
generalizing learning in the natural environment. Beneficial
effects on student without disabilities: opportunities for
other students to engage in reverse inclusion, learn about
variability/learner differences and increase acceptance of
other abilities.”
“Harmful effects on students with disabilities: fast-paced
grade level instruction does not allow for mastery of skills
in the allotted time provided; does not provide adequate
density of intensive, research-based direct instruction in
the areas of language, behavior, visual perceptual, (and)
self-help….Not having programming in an intensive
program with the support of a transdisciplinary team would
affect the above along with the knowledge of staff to
provide the required intensive programming required for
acquisition, generalization, and maintenance of skills in
goal areas and would affect successful participation in the
general education setting.”
“Harmful effects on students without disabilities: intensive
teaching session can be distracting to other students,
exhibited behaviors can cause disruption to others’
learning.” (S-40 at page 78-79).
16. In the December 2020 IEP, the parents, and the professionals
they have gathered for support, lobbied for more academic goals and
instruction, geared to reading and mathematics. District-based
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members of the IEP team did not feel that the student had the
foundational learning skills to engage in instruction on those goals at
the level the parent-based members of the IEP team felt the student
could. District witnesses refer to these academic-based goals as
“stretch goals”. Those goals included the letter identification, letter
sound, number identification, counting, shapes, and colors. (Parents
Exhibit [“P”]-5, P-14, P-15, P-18; S-40 at pages 8, 51-52, 56-59; NT
at 103-106, 140-141, 199-213, 597-598, 653-657, 679-686, 695-701,
704, 708-711, 981-984, 1005-1012).
17. The parents and their support professionals also feel that the
student’s instruction in the special education setting, based on an ABA
model with attendant teaching techniques such as discrete-trial
training and intensive teaching, should be reduced and the student
should receive academically-based instruction where the student is
included more in the general education setting, ostensibly to a level of
80% inclusion in general education. (P-15, P-18; NT at 84-87, 95-101,
126-130, 140-141, 150-151, 196-213, 225-226, 231-239, 985-999,
1005-1014).
18. The parents would like the student’s education to take place in
the student’s neighborhood school with more time in the general
education setting. (NT at 101-103, 128-131, 153-156, 163-167).
19. The District feels that its autism support program, housed in a
school that is not the student’s neighborhood school, is appropriate
and necessary to deliver the programming outlined in the student’s
IEP, focusing primarily on foundational learning skills and functional
communication repertoires. The District feels that the student has
made progress in the ABA model and that discrete-trial training and
intensive teaching techniques have been appropriate for the student.
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(S-66, S-76; NT at 137-140, 341-358, 422-428, 441-465, 522-544,
648-687, 843-889).
20. In late November 2021, the student’s IEP team began the
process of revising the student’s IEP. Over December 2021, January
2022, and February 2022, the student’s IEP team met multiple times
to work on revisions the December 2020 IEP. (S-40, S-63).6
21. The proposed November 2021 IEP includes goals, in relevant
part, in the following areas: listening comprehension (word/phoneme
recognition and the ‘find me’/’show me’ goal from the December 2020
IEP), letter sound, early numeracy (cardinality and quantity), labeling,
requesting, sound production/vocalization, matching, self-help skills,
appropriate school behavior (decreased refusals), and following
directions. (S-63 at pages 48-57, 60-62, 66).
22. The specially-designed instruction and program modifications for
instruction in the November 2021 IEP include: direct instruction in—
early literacy skills, early numeracy skills, prewriting skills, language
skills (through a verbal behavior model), functional communication
(requesting or “mand”) training, and self-help; modification of general
education curriculum in the general education classroom, incorporation
of ABA principles (with teaching techniques including intensive
teaching, mand training, natural environment teaching, differential
reinforcement, task analysis and chaining, discrimination and
generalization). (S-63 at pages 67-69).
23. The specially-designed instruction and program modifications for
behavior in the November 2021 IEP include: increase toleration of
6 This proposed IEP is dated for November 2021 with an implementation date, given
the IEP team meetings, of February 2022. It will be referred to as “the November
2021 IEP”. S-63.
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tabletop items, implementation of the student’s positive behavior
support plan, variable ratio of reinforcement, informal
preference/reinforcer assessments, and movement and sensory
breaks. (S-63 at page 68-70).
24. The November 2021 IEP continues the two weekly 30-minute
individual sessions of S&L services in the special education classroom,
one weekly 30-minute individual session in the general education
classroom, and one 30-minute group session in the special education
classroom approximately twice per month. (S-63 at page 76).
25. The November 2021 IEP continues to provide the support of a
1:1 aide for the student in all settings across the school day. (S-63 at
pages 71, 75).
26. The dynamic between the student’s needs and special education
or general education settings as laid out in the placement
considerations of the November 2021 IEP are very similar to the same
sections in the December 2020 IEP. Those considerations for the IEP
team are quoted again in the findings of fact that follow, with any
revision to the text indicated in bold so that the reader can easily
parse out the revision. (S-40 at pages 78-79; S-63 at pages 80-81).
27. In explaining why the supplementary aids and services will, or
will not, enable the student to make progress on IEP goals in the
general education class, the November 2021 IEP notes, in relevant
part: “The supplementary aids and services included in this IEP will
support (the student) in the general education
environment/curriculum; however, (the student) also continues to
require intensive, direct, explicit, systematic instruction in the special
education setting provided by a highly trained transdisciplinary team in
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order to increase skill acquisition and reduce barriers to learning in
the areas of academic skills, language, behavior, and self-help skills
including but not limited to toileting, dressing, hygiene, etc.,…and
visual perceptual skills…in order to make progress on (the) IEP goals in
the general education class.” (S-63 at page 80).
28. In explaining what benefits are provided in the general education
class with supplementary aids and services versus the benefits
provided in the special education class, the November 2021 IEP notes:
“Benefits of the general education class include: access to
the general education curriculum, participation with
general education peers, peer models, socialization with
peers, opportunities for generalization of learning in the
natural environment, practice of group responding skills,
being part of a community, a sense of belonging,
sense of community for safety.”
“Benefits of the special education class include: multiple
opportunities to support acquisition of skills through
direct, explicit instruction and repetition,
opportunities to cue back and hear (the student’s)
response for sound production, opportunities to learn
targeted behavior or social skills in a small group or 1:1
contrived setting and to provide multiple trials for practice
(e.g., reverse inclusion, adapted encore class, occupational
and physical therapy services) prior to instruction moving
to the natural environment, one-to-one instruction
delivered in a small group setting on individualized,
targeted skills, instruction delivered in areas of identified
areas of need with a high rate of daily repetition and using
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research based methodologies; less distractions (less
students, movement, noise), ability to engage in activities
with highly motivating items/activities in a play-based
model, which results in higher levels of
interaction/responding and a (sic) less exhibited escape
behaviors.”
7 (S-63 at page 80).
29. In explaining the potential beneficial and/or harmful effects on
the student or other students in a class, even with supplementary aids
and services, the November 2021 IEP notes:
“Beneficial effects on students with disabilities: access to
the general education curriculum, participation with
general education peers, peer models, socialization
with peers, opportunities for generalizing learning in
the natural environment, practice of group
responding skills, being part of a community, a sense
of belonging, sense of community for safety. Beneficial
effects on student without disabilities: opportunities for
other students to engage in reverse inclusion, learn about
variability/learner differences and increase acceptance of
other abilities.”
“Harmful effects on students with disabilities: higher rates
of problem behavior in the large group setting due to
increased wait time, fast-paced instruction does not allow
for mastery of skills in the allotted time provided, does not
provide adequate time for intensive, systematic, explicit
instruction in the areas of academics, language, behavior,
7 Here, the order of the quoted material is slightly altered and includes an accidental
repetition of one element of content which has been deleted.
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visual perceptual, (and) self-help….Not having
programming in an intensive program with the support of
an interdisciplinary team would affect the above along with
the knowledge of staff to provide the required intensive
programming required for acquisition, generalization, and
maintenance of skills in goal areas and would affect
successful participation in the general education setting.”
“Harmful effects on students without disabilities: the type
of play based instruction and reinforcement type
(sic) can be distracting to other students, exhibited
behaviors can cause disruption to others’ learning.” (S-63
at page 80-81).
30. The placement in the November 2021 IEP reflects that the
student is in the general education setting for 65% of the school day
at the school building that houses the District’s autism support
program. (S-63 at page 83).
31. After the evidentiary record had closed, in the evening hours of
August 22, 2022, the District, through counsel, provided to this
hearing officer and parents’ counsel an updated school-building
schedule for the school building where the autism support program is
housed. (Hearing Officer Exhibit – Updated Building Schedule - August
22, 2022 [the exhibit includes both the email and attachment]).8
8 Attached to the email was an affidavit of a District special education administrator,
spelling out that the school-building schedule had only recently been changed, and
the administrator had not been aware of it until August 22nd. The school-building
schedule itself was part of the affidavit.
This hearing officer takes no position on the statements in the affidavit, but the
schedule spelled out in that document is utilized for findings of fact here as it
appears to be the best evidence of the school-building schedule for the upcoming
2022-2023 school year. See NT at 736-749.
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All witnesses testified credibly and a degree of weight was accorded to
each witness’s testimony. Where particular emphasis was accorded to a
witness’s testimony on a particular issue or event, that is pointed out above
in a specific finding of fact, as applicable.
32. Utilizing the updated school-building schedule, the placement for
the November 2021 IEP reflects that the student would be in the
general education setting for 65% of the school day at the school
building that houses the District’s autism support program. (S-63 at
page 83; Hearing Officer Exhibit – Updated Building Schedule - August
22, 2022).
33. The student’s school day would last 6.75 hours. Approximately
4.25 hours would be spent in general education (homeroom/morning-
meeting, English and language arts, specials [art, gym, music],
lunch/recess, math, and science/social studies). Approximately 2.5
hours would be spent in special education (intensive teaching sessions,
manding sessions, direct instruction in: reading, math, pre-writing,
and self-help). (Hearing Officer Exhibit – Updated Building Schedule -
August 22, 2022).
34. Over the period December 2020 through June 2022, the student
has shown the most marked progress on the requesting, labeling, and
behavior goals in the December 2020 IEP. The student made progress
on the letter sound, and number identification, shapes, and colors
goals. The student has shown more limited progress on the reading
comprehension (‘find me’/’show me’) goal. The student has shown no
progress in the counting goal. (S-66 at pages 3-7, S-76).
Witness Credibility
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Legal Framework
The provision of special education to students with disabilities is
governed by federal and Pennsylvania law. (34 C.F.R. §§300.1-300.818; 22
PA Code §§711.1-711.62). To assure that an eligible child receives FAPE (34
C.F.R. §300.17), an IEP must be reasonably calculated to yield meaningful
educational benefit to the student. (Board of Education v. Rowley, 458 U.S.
176, 187-204 (1982)). ‘Meaningful benefit’ means that a student’s program
affords the student the opportunity for significant learning in light of his or
her individual needs, not simply de minimis or minimal education progress.
(Endrew F. ex rel. Joseph F. v. Douglas County School District, 580 U.S. ,
137 S. Ct. 988, 197 L. Ed. 2d 335, (2017); Dunn v. Downingtown Area
School District, 904 F.3d 208 (3d Cir. 2018)).
A necessary aspect of the provision of FAPE requires that the
placement of a student with a disability take into account the least restrictive
environment (“LRE”) for a student. Educating a student in the LRE requires
that the placement of a student with disabilities be supported, to the
maximum extent appropriate, in an educational setting as close as possible
to regular education, especially affording exposure to non-disabled peers.
(34 C.F.R. §300.114(a)(2); 22 PA Code §14.102(a)(2)(xii); Oberti v. Board
of Education, 995 F.2d 1204 (3d Cir. 1993)).
Discussion
The crux of the parties’ dispute is how to reconcile the student’s
placement and programming such that the student is provided with FAPE in
the LRE, where the parties have highly divergent views as to the appropriate
placement and the specific type/amount of programming.
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The issues between the parties fall into three areas of dispute: (1) the
appropriate school-building placement for the student, (2) the appropriate
instructional programming for the student [a program geared to academics
rather than intensive teaching techniques in an ABA model], and (3) the
appropriate level of inclusion for delivery of instruction in regular education.
Each of these will considered in turn.
School-Building Placement. The evidence in the record is preponderant
that the student should receive programming at the school building where
the District houses its autism support program. The constellation of
testimony from the District witnesses, including the S&L therapist, special
education supervisor, special education teacher, occupational therapist and
behavior specialist, reveals the deep and far-reaching coordination of
planning, instruction, services, and consultation that takes place around the
student’s programming.
All of these individuals are part of the team at the school-building
where the District’s autism support program is located, working closely
together to provide services in a consistent and integrated way. Arguably,
the instruction and services could be provided in the student’s neighborhood
school by simply tasking other educators with duties in the IEP. But this
record supports a finding that an appropriate education for this student—one
that yields meaningful education benefit in the form of significant learning—
requires the cohesiveness of the autism support program.
Accordingly, the student’s educational placement will be at the school
building where the District’s autism support program is located.
Instructional Programming. Again, the record is preponderant that the
instruction being delivered as part of an ABA model, including intensive
teaching and discrete-trial training, is helping the student to build
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foundational language and learning skills to allow the student to engage in
more advanced learning. Looking at the student’s progress monitoring over
the period December 2020 – June 2022, the most marked progress was in
the areas where the student was working on the foundational skills that the
District feels it needs to continue deepening and expanding. In the
considered opinion of this hearing officer, abandoning that instruction would
do the student a grave dis-service, and the evidentiary record supports that
conclusion.
On the other hand, one heartily sympathizes with the parents in their
quest to make academic programming an integral part of the student’s
learning. As every parent should, they refuse to define their child by what
“can’t happen” but embrace what might and should happen. They take to
heart the guidance of Endrew F. that special education programming should
be ‘appropriately ambitious’. And there is evidence in the progress
monitoring that the student can make progress, albeit slow and incremental,
in areas of academic readiness and academic progression. To its credit, the
District recognizes this; it would prefer a focus on the foundational language
and learning skills but has not been absolutist in its views and, indeed, has
accommodated the parents’ programming requests for academic
programming as far as it feels it can without jeopardizing the significant
learning it has been providing.
The difficulty is striking the balance between the foundational language
and learning skills which the District feels is necessary and the academics-
based instruction that the parents seek. The District, in its proposed
instruction in the special education setting as reflected in the updated
school-building schedule, proposes to provide 1.5 hours of instruction
through intensive teaching or manding spread throughout the school day; it
proposes to provide 45 minutes of direct instruction in reading, math, and
writing instruction at various times. Parents, in a mock schedule provided by
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one of its expert team members, would propose 30 minutes through
intensive teaching and manding, and 1 hour and 45 minutes of instruction in
direct instruction in reading, math, and other areas. (P-15). The views of the
parties, between teaching in the ABA model and academics, are nearly
negative images of each other.
With slight adjustments, however, it seems a workable middle ground
can, and in the considered opinion of this hearing officer, should be struck. It
seems that with slightly less time with manding instruction and slightly less
time in general education math (but equal to the amount of time that
parents would have proposed for general education math), the student can
be provided in the special education setting with more direct instruction in
reading and math with only a slight reduction in intensive teaching/manding
instruction.
Thus, based on the updated school-building schedule, the District
would seek to provide an hour of instruction in the special education setting
from 10-11 AM— 30 minutes of manding, 15 minutes of intensive teaching,
and 15 minutes of direct reading instruction. This hour will be adjusted to
reflect 15 minutes of manding, 15 minutes intensive teaching session, and
30 minutes of direct reading instruction.
And again, the District would also seek to provide 45 minutes of
instruction in the general education math class from 12:30 – 1:15 PM,
followed by 45 minutes in the special education setting (1:15 – 2 PM) for 15
minutes of manding, 15 minutes of intensive teaching, and 15 minutes of
direct math instruction. These two blocks will be slightly adjusted, such that
the student will be in the general education math class from 12:30 – 1 PM
and will be in the special education setting for the full hour 1 – 2 PM for 15
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minutes of manding, 15 minutes of intensive teaching, and 30 minutes of
direct math instruction.9
Overall, this will increase the student’s direct instruction in reading,
math, and writing from 45 minutes to 1 hour and 15 minutes. But it only will
decrease the student’s time in intensive teaching/manding from 1.5 hours to
1 hour and 15 minutes. Both types of instruction will be co-equal.
Accordingly, the order below will address the student’s instructional
schedule as outlined above.
Level of Inclusion. One of the necessary adjustments, as indicated, will
be a 15-minute reduction in the amount of time the student spends in the
general education math class. This will necessarily reduce the student’s time
in general education, from 65% as proposed by the District, to 62%. While
this is not ideal—and it is substantially less time than the parents seek for
the student’s inclusion in general education (80%)—it is a level of inclusion
where the student can receive appropriate amounts of both the necessary
ABA-model instruction and the aspirational academics instruction. But with
both of those elements in place, the student will be in a space—as the
student has been all along on this record—to receive a special education
program that is reasonably calculated to yield meaningful education progress
in the form of significant foundational language and learning skills with a
component of academic learning.
The IEP team will be ordered to adjust the IEP accordingly.
•
9 To reiterate, the parents’ proposed schedule also included the student in general education
math for 30 minutes. (P-15).
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ORDER
In accord with the findings of fact and conclusions of law as set forth
above, the student’s educational placement shall be in the Wissahickon
School District at the school district school building where the district’s
autism support program is located.
The November 2022 IEP shall form the basis of the student’s special
education program as drafted, although the following revisions shall be
made part of the IEP:
• the IEP Implementation Date the document shall be revised to
August 29, 2022 and the Anticipated Duration of Services and
Program shall be revised to August 28, 2023
• the student’s instructional schedule shall be implemented as
outlined in the updated school-building schedule provided to the
hearing officer on August 23rd with the revisions as outlined
above, decreasing the amount of manding instruction and
increasing the amount of direct academic instruction in reading
and math
• for the reasons set forth above, the amount of time the student
spends in the general education environment shall be reduced by
15 minutes, specifically with a 15-minutes reduction in the time
the student spends in general education math class
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• as a consequence of the bullet point directly above, the
educational placement reporting calculation on page 83 of the
IEP shall be revised and re-calculated to reflect 4.0 hours of total
time the student spends in the general education setting.
Nothing in this decision should be read to limit the ability of the IEP
team to revise the IEP otherwise, to the extent that such agreed-upon
revisions are in writing.
Any claim not specifically addressed in this decision and order is
denied and dismissed.
s/ Michael J. McElligott, Esquire
Michael J. McElligott, Esquire
Special Education Hearing Officer
08/24/2022
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