MERCER COUNTY - SPECIAL EDUCATION/BULLYING
Representation in settlement conference to obtain IEEs and possible OOD placement
KA is a 14-year-old 8th-grader who has been diagnosed with ADHD, autism, a learning disability, and PTSD. KA has not been progressing academically, but the district has repeatedly failed to consider recommendations from evaluations or to provide him with sufficient reading support. In March 2019, KA began exhibiting school refusal and anxiety. He later revealed that he had been sexually assaulted several times on school grounds by another student. KA began exhibiting aggressive and sexually inappropriate behaviors. His therapist and psychiatrist both advised KA’s mother, MA, not to send him back to school. The district agreed to place KA on home instruction, but only until the end of the school year. In May, the district filed a due process petition, seeking consent to reevaluate KA. MA consented and several evaluations were done over the summer, but MA has not yet seen the reports. In June, MA filed her own request for a due process hearing, requesting a therapeutic out-of-district placement for KA. The district has refused to provide home instruction beginning this school year. MA is seeking representation at a settlement conference (not yet scheduled) to obtain independent evaluations, an appropriate out-of-district placement for her son, or if not, a transition plan to gradually ease KA back into school and assurances that he will be kept safe.
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