The issues of this appeal were: 1) the current IEP was not being followed or implemented; 2) the district was implementing disciplinary procedures not specified on the IEP; 3) district did not provide proper notice of disciplinary action, and 4)procedural violations in the IEP development. Damian is a 16-year-old male who resides with his parents. Damian was first referred to NTAEA for behavioral problems during the summer of 1988. He entered Head Start in the fall of 1989 and was referred in January of 1990 for preschool screening due to behavior problems. In elementary school, Damian was referred to MECCA. Behavioral concerns continued.

Damian's progress was to be monitored by the social worker and/ or psychologist. Counseling was provided for 20 minutes per week and informed was shared with all Damian's teachers. Damian also received support services from the resource room teacher for organizational and study skills. Damian's on-task,peer inter-actions, adult interactions and behavior in unstructured settings were monitored. Damian only had one behavioral incident in the record for inappropriate language during his 8th grade year. In his 9th grade year, 3 goals were established: 1) to interact appropriately with adults; 2) to successfully complete class requirements; and 3) to deal with peer issues appropriately. Behavioral problems continued and Damian received several in school suspensions, as well as out of school suspensions. During his 10th grade year, a "crisis plan" was developed to 1) allow Damian to use self-imposed time-out; 2)imposed punishments the day following the incident; and 3) initiated an immediate dialogue with parents.

Meetings to discuss behavioral concerns. A mediation was held April 12, 2001. It was stipulated that the mediation agreement would be included as part of Damian's official school record. It specified that an independent educational evaluation (IEE) be conducted. An incident on April 16, 2001, caused Damian to be suspended. The IEE was conducted on April 24, 2001. A diagnosis of ADHD and ODD was provided.

In October 2001, Damian was involved in a hitting, pushing and shoving incident with a middle school student in the bus area. He refused to follow directions and ran away from staff. His father was contacted and picked Damian up from school. An IEP conference was scheduled for 10/29/01. Appellants did not attend. The IEP team determined that a revised behavior plan was necessary due to escalating behavioral concerns. Long-term preventive stategies including counseling, anger management, pro-vision of a mentor and Damian's placement were discussed.

It is clear the district was attempting to address Damian's severe and escalating noncompliance. Appellees prevail on all issues. Evidence showed that Appellees met the procedural and substantive requirements of the IDEA.

The conclusion that Damian had been denied a FAPE was not established.