Counsel for Student: Mother

Counsel for School: Kaitlyn Tucker

Representative for School: Geovanni Linares

ALJ: Cynthia Fritz

Date of Decision: January 05, 2023

Significant areas of law: Where student is aware of the severity of his actions, lacks empathy, and continues to fantasize harming others, school may decide an appropriate interim alternative educational placement without parent’s consent.

ISSUES:

• Does maintaining Student’s current placement causes a substantial risk of injury to Student or others and is its proposed interim alternative educational placement appropriate?

FACTS OF THE CASE:

• Student was 15 years old and was eligible for special education under the categories of specific learning disability and other health impairment. School requests an additional 45-day interim alternate education placement at an NPS as it believes that returning the child to the original placement is substantially likely to result in injury to the child or to others.

CONCLUSION:-

• Maintaining Student’s current placement causes a substantial risk of injury to Student or others and its proposed interim alternative educational placement is appropriate.

Rationale:-

– During his placement at NPS, Student made a Journal entry wherein he identified himself as a necrophile, then graphically detailed his dream where he murdered a current 15-year old female student from his original placement and had sexual intercourse with her dead body.

– The nature and detail of the violence and aggression described in the journal entry and naming a specific person as the potential victim is extremely concerning. His program supervisor at NPS believes Student is unpredictable and struggles with what is real and does not believe a public high school has the resources to meet Student’s needs. The program supervisor’s testimony was corroborated with evidence.

– The testimony of staff of NPS as well as his original placement was thoughtful and well-reasoned and did not reveal any significant shortcomings.

– Parent’s unwillingness to accept the gravity of the incident, especially given Student’s prior conduct while at original placement diminished her credibility and persuasiveness. Parent’s flippant attitude further exemplified the blame-shifting, lack of insight, and attempts to allow Student to escape responsibility regarding his verbally aggressive behavior.

– Student was aware of the severity of his actions. Additionally, Student did not display any fear over the substance of his writing, rather, only for the consequences that may ensue due to its discovery.

– Staff at School’s proposed placement is trained on de-escalation techniques, redirection, empathy building, and nonviolent crisis prevention and intervention. It employs a full-time mental health therapist and full-time board certified behavior analyst. Student met his goals at this placement earlier and responded well to supports.

REMEDIES/ORDER:- Within 15 days of this Decision, School may remove Student from his current placement and place him at NPS proposed by it as an interim alternative educational setting for 45 days.