Representation at the mediation and due process hearing with the goal of secure a private out-of-district placement.

MG, age 9, is diagnosed with Autism Spectrum Disorder, Mixed Receptive/Expressive Language Disorder, Lack of Coordination and Sensory Integration Disorder. MG is placed in a 3rd grade self-contained special education classroom that purports to provide instruction through ABA. However, the district does not employ a full time BCBA to oversee the ABA classroom and relies on a school psychologist to do so. MG is a nonverbal student and has made no progress in his current placement and is not meeting his IEP goals and his behavior has worsened. Pursuant to a recently completed BCBA, MG’s current in-district program is “inappropriate, insufficient and ineffective in meeting his significant educational needs.” The recommended program for MD is an intensive, full day ABA program in which he will receive intensive instruction provided in a full day ABA program under the full-time supervision of a BCBA.  MG’s parent, BG, filed a due process petition stating, among other things, that the district’s educational program failed to confer meaningful educational benefit upon MG by failing to provide him with adequate ABA instruction overseen by a BCBA, by not appropriately addressing his behavioral needs by not conducting a timely Functional Behavioral Assessment and by not providing an appropriate Behavioral Intervention Plan. BG is seeking representation at the mediation and due process hearing with the goal of securing an out-of-district placement.

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