CASE #1 Background Information: This complaint involves a 12-year-old girl who is enrolled in the 5th grade in her neighborhood school. The parent took the student to see a physician for the purpose of discussing the possibility that the student might have an attention deficit disorder. At that time, the parent reported to the evaluating Physician's Assistant (PA) that the student was behind in her reading, was easily frustrated over her homework and was observed by her classroom teacher to have "difficulty staying on task and doing more than 1 task at a time." The student was given a diagnosis of ADD, not hyperactive and was referred to South Central Mental Health in Andover for evaluation and treatment. The parent indicated that she wanted to save medication as a last resort but was worried that the student would fall behind in school if nothing was done. A summative report of the evaluation noted that "counseling will be helpful." The student subsequently participated in therapy for 4 months. One year later, the parent had the student evaluated by an outside agency for "diagnostic clarification regarding attention problems." The student was diagnosed as having "Attention-Deficit/Hyperactivity Disorder, Combined presentation, Moderate" and "Unspecified Anxiety Disorder." It was recommended by the outside agency that a Section 504 Accommodation plan be established to "address attention and anxiety issues." The parent pursued Section 504 support. At that time, the parent sent a fax to the principal of the student's elementary school asking that a 504 plan be established for the student. The parent signed a Parent Request for a 504 Evaluation form stating that she suspected her daughter has a disability (ADHD) that affected one or more major life activities. She provided the district with a copy of the outside evaluation report. The parent, school nurse, principal, and a general education teacher met for the purpose of conducting a 504 Evaluation. The team determined that "(the student) requires 504 accommodations due to her diagnosis of ADHD and Anxiety. Her ADHD impacts her ability to concentrate. Her anxiety impacts her confidence level. She gets nervous and won't ask for help." A 504 Accommodation Plan was recommended. According to the plan, the student: would have questions read to her upon request would have directions repeated to her to ensure understanding

would be allowed up to 10 extra minutes to finish assignments would have homework assignments shortened by 60% would be given preferential seating with close proximity to the teacher would be given frequent breaks The parent did not feel that the student's needs were adequately addressed under the 504 Accommodation Plan and requested that the student be evaluated to determine eligibility for special education services. That evaluation was completed, and a multidisciplinary team determined that the student was eligible for and in need of special education services under the category of Other Heath Impaired. Issue: The parent asserts that the district failed to provide the special education services called for in the student's IEP. Specifics of the Case: Following an initial evaluation, an eligibility team met and determined that the student was eligible for and in need of services. An IEP was developed for the student on that same date showing that special education services were to be initiated on February 1, 2017. According to the section of the student's IEP entitled "Statement of Special Education/Related Services, the student was to receive 50 minutes of Special Education Services in the regular education classroom 5 times a week. Under "Description of Specially Designed Instruction and Related Services," the IEP states: "(The student) will receive class within class services for reading/writing for 30 minutes x 5 (days a week), and math for 20 minutes x 5 (days a week)."

After the initial IEP meeting, the parent sent an email to ask whether the student had begun working with a special education teacher. The special education teacher responded to the parent stating that the student had begun receiving the "special education services as outlined in her IEP. (The student) receives special education services in her classroom and they are provided by a para (who) was also previously in the classroom and assists other identified and non-identified students." According to the parent she was told by the special education teacher that the para was in the classroom, and "(the student) can ask for help if she needs it." The parent wrote that it was not her understanding that the student would receive 50 minutes of help only if she asked for it. District Position: The district states that the student is receiving "class within a class" support, which meets the required 50 minutes of special education instruction each day. The district defines class within a class structure as: a group of students, some with disabilities and some without, are taught together with a general education teacher and a special education support person in one classroom. Typically, this involves the general education teacher teaching the lesson with the special education teacher or para assisting, by helping to keep students on task and answering individual questions from the student as needed. You be the Judge: The student was assigned to a 5th grade classroom that was designated for class within a class service delivery. A paraeducator was assigned to that classroom to provide special education support to identified students as well as offering support to other students who could benefit

from the paraeducator's presence. A special education teacher would also come into the classroom at various times to support identified students. What is your position? Do you side with the parent or the district?

1. What is your defense of the position you chose?What specific rules and regulations support your decision?