WARREN COUNTY - SPECIAL EDUCATION
Representation in mediation or due process to advocate for initial evaluation, IEP, continued OOD placement, and comp. ed.
TD is a 15-year-old 10th-grader who has been diagnosed with ADHD and ODD. In February 2019, a 504 plan was developed in which he received certain accommodations for his ADHD but nothing to address his ODD. In March 2019, an evaluation planning meeting was held, but the CST determined that testing was not appropriate at that time given TD’s substance abuse issues. The same day, TD was suspended for being under the influence of THC. He was admitted to a residential program for treatment of substance abuse, defiance, and aggressive behaviors. TD was then referred to the Family Crisis Unit, resulting in a court order mandating that he reside at an out-of-district residential placement, where he has been since August. On August 16, TD’s mother, CD, met with the CST to again request that TD be evaluated. The CST concluded that TD did not have a disability which adversely affected his educational performance and was not in need of special education services. The district offered to transport TD back and forth from the residential placement to the high school, but the family judge refused to approve of this plan. Alternatively, the district proposed offering TD 10 hours per week of home instruction at the residential placement, but CD feels this is insufficient. TD is currently receiving no education at all. CD is seeking an initial evaluation of TD, expedited development of an IEP based upon his ADHD and ODD diagnoses, an agreement that the district will pay for TD’s program at the residential placement, and compensatory education if warranted.
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