Special Education Appeals BSEA #99-3388
The Commonwealth of Massachusetts
Department of Education
350 Main Street, Malden, Massachusetts 02148-5023 Telephone: (781) 388-3300
M E M O R A N D U M
TO: Parties in the matter of Student and the Hampshire Regional School District
FROM: Reece Erlichman, Hearing Officer
DATE: September 1, 1999
The enclosed Order , which shall be implemented forthwith, is issued in advance of the full text of the Decision in the above-noted matter, in order to apprise the Parties, in timely manner, of the decision herein.
COMMONWEALTH OF MASSACHUSETTS
SPECIAL EDUCATION APPEALS
Student v. Hampshire Regional School District BSEA # 99-3388
It is my determination, based upon a preponderance of the evidence presented and consideration of applicable federal and state statutes, regulations and case law, that the IEP proposed for Student by Hampshire Regional School District (hereafter HRSD) is not reasonably calculated to assure his maximum possible educational development in the least restrictive environment consistent with that goal. HRSD shall forthwith locate or create an inclusion model program and secure Student’s placement therein. Such program shall entail small, mainstream classes for academic content courses, co-taught by regular and special education certified staff, thus enabling Student to benefit from exposure to grade level curriculum, modified and adapted1 on an on-going basis by an on-site special educator. Such program shall further: (a) afford Student the opportunity to receive specialized assistance as needed within the context of the regular education setting, contemporaneous with presentation of curriculum materials; and (b) address his underlying learning disabilities throughout the academic day. Additional special services (i.e., reading and written language, delivered outside the classroom setting, as recommended in the IEP under review) shall be furnished in tandem with the inclusion program.
In the event an inclusion program cannot be implemented for Student for the 1999-2000 academic year, HRSD shall bear responsibility for Student’s immediate placement in an appropriate day program for learning disabled students (such as the White Oak School), which both addresses his learning disabilities and offers age appropriate academic content courses geared to his instructional level and learning style.
By the Hearing Officer,
Dated: September 1, 1999
The mainstream curriculum, and presentation thereof, shall be modified and adapted so as to accommodate Student’s special needs, instructional level and learning style.