September 12, 2007 - Arkansas Department of Education finds multiple violations of IDEA by Brookland School District

On July 13, 2007, DRC filed a State Complaint on behalf of a student who had numerous diagnoses, a variety of behavioral incidents, various professionals input and recommendations in a convoluted mish-mash of attempts to implement a Sec. 504 accommodation plan of sorts and then finally recognizing a need for special education services. This went on for 3 years.

DRC was contacted when a substitute principal demanded that the only placement option would be SUCCESS after a bathroom fire-setting event with a newly hired paraprofessional standing out side the restroom.

After conducting an investigation, the ADE investigation team issued its report with the following conclusions and corrective actions to be taken by the school district:

Conclusion 1: Brookland failed to place the student in the least restrictive environment with appropriate modifications and special education services. Corrective action: Return the student to the regular class, have a Separate Program Conference and develop an IEP for both academics and behavioral/affective aspects (Behavior Intervention Plan).

Conclusion II: Brookland failed to identify and evaluate the student in a timely manner. Corrective action: All students will be referred, evaluated and identified in a timely manner. Staff training will be conducted by October 15, 2007 on referral, evaluation and identification. Conclusion III: Brookland failed to program due to a lack of special education identification in all areas of deficit to include academic and affective. Corrective action: Brookland must initiate a Separate Programming Conference no later than September 28, 2007, to develop an IEP ensuring that the services provided are reasonably designed to benefit the Student in all identified areas of deficit to include both academic and affective/behavioral domains.

Brookland had refused to recognize the implications of this student's behavioral issues as impacting his education.