Virginia School Boards Association; Tidewater Down Syndrome Association; The Association Case Date: July 08, 1997 Court: United States Courts of Appeals, Court of Appeals for the Fourth Circuit Page 996 118 F. Any such benefits, however, cannot outweigh his failure to progress academically in the regular classroom. Diane Johnson was an experienced professional properly certified under state law, and Virginia law does not require teaching assistants to be certified. Conduct a review of the relationship between the misconduct giving rise to the discipline and the disability immediately, if possible, but not later than 10 school days after the decision is made to take action. The court relied primarily on its conclusion that the Loudoun educators involved with Mark had inadequate training and experience to work with an autistic child.
The precise limitations period was not dispositive, however, because the Court went on to find that even though the action in that case had not been initiated within three years of the written notice of the proposed placement, North Carolina's tolling provision, N. He was joined in regular classroom during his pre school years at Butterfield Elementary, Illinois with self-contained classes as well. The district court nonetheless found the county's efforts insufficient. In at least some state proceedings, the agency review process is not de novo and the hearing officer simply reviews the record presented to the agency decision-maker. The law and special education. Loudoun County properly proposed to place Mark in a partially mainstreamed program which would have addressed the academic deficiencies of his full inclusion program while permitting him to interact with nonhandicapped students to the greatest extent possible.
Accordingly, the judgment must be reversed, and the case remanded with directions to dismiss it. Parents are entitled to reimbursement for only one independent evaluation. Such a conclusion again does not take proper account of the administrative record as required by Rowley and Doyle. These outbursts not only required Diane Johnson and Leitner to calm Mark and redirect him, but also consumed the additional time necessary to get the rest of the children back on task after the distraction. In rendering its decision, the court held for the following: 1 Mainstreaming is not required when a student with a disability will not receive an educational benefit from it. Yet the hearing officer apparently ignored this evidence, choosing instead to accord decisive weight to Jane's desires.
Any marginal benefit that accrues to children whose claims are more quickly resolved because of a short time limitation must be weighed against the harm that will inevitably befall children whose claims are permanently foreclosed by their parents inadvertently missing an unnecessarily short deadline. Further, the effect of the student's presence on the teacher and on other students must be evaluated. The parent has requested an evaluation of the child; or d. The effect of the hearing officer's failure to acknowledge this evidence is to allow the student to dictate the placement, a strategy that is unlikely to lead to an educationally appropriate result. Applying the Holland test, the court found that the student was not receiving academic benefits in the general education classroom and actually had regressed academically. The Education for All Handicapped Children Act of 1975 P. The Court denied attorneys' fees.
The hearing is conducted by an impartial hearing officer. While the hearing officer did not find Mark's disruptive behavior by itself to be dispositive, the attention she gave to Mark's conduct was entirely appropriate, indeed required, under DeVries. The district court also relied heavily on Mark's subsequent performance in the Montgomery County schools during fourth grade. In this case, disruptive behavior was clearly an issue. Autism is a developmental disorder characterized by significant deficiencies in communication skills, social interaction, and motor control. Mark apparently did not make the academic progress in first grade the records forwarded to Loudoun County from Illinois indicated. The decision must be issued in writing within 45 calendar days of the request for the hearing.
The district court found that Mark could receive substantial educational benefit in a regular classroom, that his disruptive behavior was not sufficient to justify a more segregated instructional setting, and that the Leesburg program would not have been an appropriate placement. Mark's teacher was selected because of her excellent teaching abilities, and the county hired a full-time, one-on-one aide for Mark. Gerard Sale Rugel, Herndon, Virginia, for Appellees. Our website includes the first part of the main text of the court's opinion. The Board appeals, contending that the court's decision is contrary to the law and the evidence in the record. Arlington County School Board, 953 F.
In kindergarten, he spent half his time in a self-contained program for autistic children and half in a regular education classroom at Butterfield Elementary in Lombard, Illinois. Section s 1412 5 B. The evidence in this case demonstrates that Mark Hartmann was not making academic progress in a regular education classroom despite the provision of adequate supplementary aids and services. Kearney provided in-service training for the Ashburn staff on autism and inclusion of disabled children in the regular classroom. Absent some statutory infraction, the task of education belongs to the educators who have been charged by society with that critical task. The court found the credentials of two groups to be lacking.
The district court also found that Leesburg would not have been an appropriate placement. The hearing officer summarized: After Mark's first-grade year, the Hartmanns moved to Loudoun County, Virginia, where they enrolled Mark at Ashburn Elementary for the 1993-1994 school year. Students should be integrated to the maximum extent appropriate with their peers. Furthermore, Johnson and Leitner both obtained special training to work with Mark. The district court rejected their qualifications, asserting, for example, that Johnson's credentials were clearly inadequate because they were inferior to those of Kearney and Ruppmann. Mark received five hours per week of speech and language therapy with a qualified specialist, Carolyn Clement.