In arriving at his decision, he did not decide between these competing plans. He found that task would have been difficult if not impossible, partly because of the lack of research on Rett Syndrome. He found instead that the law required him only to decide whether or not the plan put forth by the School District would be reasonably calculated to provide educational benefit to the Student. In other words, the question regarding the standard was whether there was a preponderance of evidence that the program the School District offered (a) would provide an educational benefit for the student, or (b) would be reasonably calculated to provide an educational benefit to the Student. The Hearing Officer decided that because of the difficulty in deciding which program was better, the Parents' or the School District's, the decision would be made on the basis of whether the School District's program was reasonably calculated to provide the educational benefit. He decided that the School District's program reflected a careful and competent analysis that included reasonable effort to obtain information to design a program that would benefit the Student. The School District took into account information from a number of sources and used the services of an outside consultant that was knowledgeable about Rett. In addition, the professionals which the School District employed had solid professional credentials and had worked with the Student for several years.
The Hearing Officer also noted that the Parents' major objection to the program of the School District was the inadequate, in their opinion, opportunity for interaction between the Student and her peers. All of the other students in the ELS class where the Student might be placed would also have severe communication and cognitive disabilities. The Parents contention was that this would not provide a social environment for the Student. The School District disputed this, pointing out that the Student would interact with non-disabled students during lunchtime and on school field trips, and could also be mainstreamed into regular classes when appropriate. The School District program also included a provision for non-disabled students to visit the ELS classroom on a volunteer basis. The Hearing Officer concluded that the objections of the parents did have some merit, and that the School District had not completely addressed those concerns. However, the Hearing Officer concluded that it was not appropriate to hold the School District to a standard that would not be possible to meet. He pointed out that there was a lack of any research studies on the effectiveness of different approaches in the classroom to stimulating the communication and cognitive abilities of students afflicted with Rett Syndrome. The Hearing Officer admitted that this raised unsettling questions regarding whether any placement for the Student would be effective in promoting educational progress for the Student. In spite of this, the Hearing Officer concluded that the School District had made a reasonable effort to develop a program for the Student that met the standards under the IDEA to propose an appropriate placement for the Student.
In determining what would be the least restrictive environment (LRE) for the Student, the Hearing Officer noted that both the Parents and the School...
Beth B. v. Lake Bluff School District 65 This case involved a determination of the appropriate placement for Beth B., a twelve-year-old girl with Rett Syndrome. Rett Syndrome, a condition that only affects girls, is generally considered a form of Autism and can significantly or profoundly impact a student's ability to function on several different dimensions. It is believed that her motor skills are somewhere in the five to seven-month range.
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