Parents argue that their son was not provided with a free appropriate public education (FAPE). Student has above average intelligence. Student also has a significant processing deficit and is diagnosed with Attention Deficit Hyperactivity Disorder. Parents sought a high school with a rigorous academic program to prepare their son for a competitive four-year college. The District prepared a 504 plan for student, and he enrolled in a vigorous schedule including two honors courses. Despite good effort, he struggled with the volume and pace of the coursework.Student was determined eligible for special education services and an IEP was developed that provided for specialized instruction and accommodations for student's disabilities.
Parents were not fully satisfied with implementation of the IEP. Despite teachers continuing to reduce assignments and revise assessments, student's work declined.Parents' complaint centers around the sufficiency of the District's efforts to accommodate their son's disabilities. They believe that further reduction of his workload, additional extended time to complete assignments, and alternate forms of assessment would have allowed their son to successfully complete the honors program in which they chose to enroll him. Petitioners assert that their son's failure to succeed proves that the District and AEA failed to provide FAPE.Parents withdrew student from the District and enrolled him a private program designed to address learning disabilities out of state. Parents seek reimbursement of the tuition and other expenses related to student's move and new program.
District and AEA argue that the IEP offered to student provided him with FAPE. Respondents further assert that, even if the District program is found lacking, Complainants are not entitled to reimbursement of the costs of the private program because that program is not appropriate under the IDEA.
ALJ explains that the Individuals with Disabilities Education Act entitles a disabled student to a full educational opportunity, but it does not guarantee that the student will excel in all aspects of education or even pass all courses attempted.
ALJ finds the Complainant failed to meet the burden of proof that the District and AEA failed to offer FAPE to student. Therefore, they are not entitled to receive reimbursement of the cost of the private placement.