State of maine
|STATE OF MAINE
SPECIAL EDUCATION DUE PROCESS HEARING
November 7, 2003
Case #03.100H, Parents v. Falmouth
REPRESENTING THE FAMILY: Richard L. O’Meara, Esq. REPRESENTING THE SCHOOL: Eric Herlan, Esq.
HEARING OFFICER: Lynne A. Williams, J.D., Ph.D.
A hearing was held, pursuant to Title 20-A, MRSA, 7202 et. seq., and 20 USC §§ 1415 et. seq., and accompanying regulations.
This hearing was requested on July 31, 2002, by Parents, on behalf of their son. Student’s date of birth is xx/xx/xxxx. He resides with his parents at Falmouth, Maine. Student is eligible for special education services under the category of Multiple Disabilities (OHI due to ADHD, Specific Learning Disability, Emotional Disability). He is currently a student at the Aucocisco School in South Portland, Maine, having been unilaterally placed there by his parents at the beginning of the 2002-2003 school year.
The parties met in a pre-hearing conference in Portland on September 9, 2003, in order to exchange documents and witness lists and to clarify the issues for hearing. A series of hearing dates commenced in Portland on September 22, 2003 and continued on September 23, 2003, September 29, 2003 and October 7, 2003. The family entered 130 pages of documents into the record and the Falmouth School Department entered 278 pages of documents into the record. Fourteen witnesses testified. Final written
arguments were received on October 15, 2003 and the record was closed on that date.
I. Preliminary Statement
This case involves a xx year-old male student who is eligible for special education services under the category of Multiple Disabilities (OHI due to ADHD, Specific Learning Disability, Emotional Disability). He is currently attending school at the Aucocisco School, a private, special purpose day school for leaning [sic] disabled students in South Portland, Maine. His attendance at Aucocisco was the result of a unilateral placement made by his parents at the beginning of the 2002-2003 school year. This is his second year at the school.
The family requested this hearing. They contend that the I.E.P. proposed by the
Falmouth School Department for the 2002-2003 school year was not appropriate, that the unilateral private school placement was appropriate and that they are entitled to
reimbursement for costs associated with that placement. They further contend that the I.E.P. proposed for the current school year, 2003-2004, is likewise not appropriate and that Aucocisco continues to be an appropriate placement for Student and they request continued funding for his placement there. In addition, they request reimbursement for an independent educational evaluation conducted by Dr. Richard Doiron.
The school denies these contentions. They argue that both I.E.P.’s were reasonably calculated to provide educational benefit in the least restrictive environment, and that the Aucocisco placement is an inappropriate one. They also deny responsibility for funding the Doiron evaluation.
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