Negotiation with school district or representation at due process hearing

JV is an 11-yr-old 6th-grader who has been diagnosed with autism and placed in a special education class in the district’s autism program.  Since the start of the 2016-17 school year, he has experienced a dramatic regression in his behavior in the classroom (screaming, yelling, hitting himself and others, crawling on the floor, etc.), which is inconsistent with his behavior in the past or in any other setting.  His teacher has no experienced with children with autism and claims she cannot handle him.  JV is anxious and afraid to go to school.  In January 2017, JV’s mother, ER, submitted a written request for an independent functional behavioral assessment (FBA) and an out-of-district placement.  The district denied both requests.  ER filed a due process petition; a settlement conference in March 2017 was unsuccessful.  ER is seeking representation at a due process hearing, currently scheduled for August 25, 2017, to advocate for an independent FBA and out-of-district placement offering an appropriate ABA-based program.

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