ARKANSAS DEPARTMENT OF EDUCATION FINDS JONESBORO SCHOOL DISTRICT ILLEGALLY PLACING CHILDREN WITH DISABILITIES INTO ALTERNATIVE LEARNING ENVIRONMENT

On April 18, 2007 Disability Rights Center, Inc., filed a complaint with the Arkansas Department of Education (ADE) on behalf of a student in the Jonesboro School District. The complaint alleged that the Jonesboro School District failed to follow the Individuals with Disabilities Education Act (IDEA) in placing kids into the districts Alternative Learning Environment (ALE). After a month long investigation the ADE made the following findings:

CONCLUSION I

The District failed to provide the Student with the opportunity to attend classes in the regular setting when the Student moved into the District in December 2005. The District has a policy of placing all students into the alternative school, "SUCCESS," when coming to the District from a residential treatment facility. This policy is in direct conflict with the IDEA in that the District is determining placement and available special education services prior to reviewing existing data and before the development of an Individualized Education Program (IEP).

Corrective Action: The District must review and revise all policies and procedures related to placing students in need of special education services at the District's alternative school, "SUCCESS," to be in accordance with IDEA.

CONCLUSION II

The District failed to appropriately apply manifestation determination procedures before the Student was expelled from school for a period of one year.

Corrective Action: The District must ensure that all District staff necessary to carry out Part B of IDEA, including Staff at "SUCCESS," are appropriately and adequately trained. The District is directed to conduct in-service training for certified administrators and all special education staff, including staff at "SUCCESS," on suspension/expulsion procedures involving students with disabilities including timelines, parental rights, expedited hearings, and manifestation determination procedures.

CONCLUSION III

The District failed to appropriately identify the Student's disability.

Corrective Action: The District must conduct a Separate Programming Conference for the Student to review all existing data and determine what additional evaluations need to be conducted. All areas of need for the Student must be identified. The District must conduct an expedited comprehensive evaluation on or before July 15, 2007.

A Separate Programming conference must be held immediately upon receipt of the Student's evaluation results to consider all results and recommendations to determine the Student's appropriate disability and programming needs. An IEP must be developed with placement based on the least restrictive environment in which to implement the specified special education and related services. The District must ensure that the Student's IEP team includes and individual who can interpret the instructional implications of evaluation results and an individual who has special expertise regarding the Student's disabilities.

CONCLUSION IV

The District failed to develop and provide an appropriate Individualized Education Program for the Student.

Corrective Action: See Conclusion III.

CONCLUSION V

The District failed to implement the Student's IEP as written for the school year 2005-2006 that was accepted from the student's prior school. For the school year 2006-2007, the District failed to provide appropriate and sufficient services designed to bestow benefit on the Student to achieve in the general curriculum and to meet the Student's special education and related services needs.

Corrective Action: The District must ensure that all of the Student's IEP services are available at any site where the Student attends school, including the alternative school, "SUCCESS." Each site the Student attends must make available all needed related services, transition services, vocational and subject area instruction, program accommodations and modifications, and supplementary aids, as provided by qualified providers.

For the school year 2007-2008, the District must provide the Student with an appropriate IEP, addressing all required components and services the Student needs to be successful in the education environment. Further, the District must provide the Student with compensatory services consisting of after school tutoring twice weekly for an hour each session during the weeks that school is in session. After school tutoring shall occur in all core subject areas, with the goal of working toward attaining credits for high school graduation.

This decision should be used to provide all school districts and ALE's information regarding their responsibilities to follow the procedures in IDEA before placing a student with a disability into an ALE and that once placed in an ALE the school district has an obligation under the law to ensure that all of the appropriate services available under IDEA are available in the ALE.

If you would like a copy of the entire decision please contact Disability Rights Center, Inc. at 1-800-482-1174.