Case Summary - BSEA # 10-6335

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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