![]() Case Name: Student v. Salem Public Schools (BSEA #10-6335) Decision Date: May 14, 2010 Hearing Officer: Rose I. Figueroa Representation: Colby Brunt, School Attorney Parent, Pro Se Issues Presented: (1) Is Student Safe in school? (2) Is Student's paraprofessional appropriate? Decision: (1) Student is safe in school. The Hearing Officer concluded that Student's disabilities (a thirteen-year-old seventh grader with autism spectrum disorder) impact her ability to accurately relate back events that occurred at school. Parent's assertion that Student was not safe in school were based entirely on Student's reports. The Hearing Officer found the testimony of School personnel and the Student's Guardian at Litem persuasive on this point. The Hearing Officer seemed satisfied that students Behavioral Intervention Plan and paraprofessional support provided Student with a Free Appropriate Education. (2) Student's paraprofessional is appropriate, and highly qualified. The Hearing Officer concluded that Student's paraprofessional was not abusing Student and was highly qualified. This decision was based on Student's inability to accurately report events and observations and testimony from School personnel and the Student's Guardian at Litem. My Comments: This decision highlights a broken relationship between Parents and the School. Mediation between the parties was not successful. The School involved the juvenile justice system, further alienating the mother. Student's mother worried the school was not keeping her daughter safe and did trust the School's assertion that it was keeping Student safe. Ultimately, the Hearing Officer sided with the School. Hopefully the testimony during this due process hearing helped assure the mother that her daughter was indeed safe at school. Read the entire decision here:
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The Law Office of Lillian E. Wong | Special education Law Blog |
It is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education.
Brown v. Board of Education, 347 U.S. 483 (1954)
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15 Morningside Drive
Topsfield, MA 01983
978-561-9001 (P)
978-561-1591 (F)
lwong@lillianwongesq.com
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