CASE NO. 2022120744 2022070352

Student v. TRAVIS UNIFIED SCHOOL DISTRICT

Counsel for Student: Tania Whiteleather

Counsel for District: Jan Tomsky

Representative for District: Deanna Brownlee

ALJ: Tiffany Gilmartin

Date of Decision: June 05, 2023

Significant areas of law: Characteristics of appropriate assessment

ISSUES:

• Is District’s functional behavior assessment appropriate that student is not entitled to an independent educational evaluation at public expense?

FACTS OF THE CASE:

• Student was 09 years old and eligible for special education under emotional disturbance with a secondary eligibility of other health impairment.
• In the IEP team meeting the IEP team determined that Student was no longer eligible for special education. Student filed due process hearing request whereby he alleges that he was improperly exited from special education.
• The District filed a due process hearing request whereby it alleges that its functional behavior assessment is appropriate and Student is not entitled to independent educational evaluation at public expense.

• OAH granted Student’s motion to consolidate the two cases.

CONCLUSION:-

• District’s functional behavior assessment was appropriate and student is not entitled to an independent educational evaluation at public expense.

Rationale:

• Student’s behavior assessment was conducted pursuant to the assessment plan provided to Parent after parent’s consent.
• The assessor’s qualifications as a Board-Certified Behavior Analyst met the statutory requirements for her to conduct the behavior assessment.
• The assessors completed direct observations, collected data on Student, conducted a records review of Student, and provided parent and teacher assessment tools for their feedback of Student’s behavior. The assessor also reviewed the data with the team at Student’s IEP team meeting.
• Parent requested an independent educational evaluation in behavior and specifically challenged the lack of frequency data on Student’s elopement or breaks. District denied Parent’s request in time by prior written notice and filed for due process.
• District’s assessor as a BCBA was qualified to conduct the assessment. She demonstrated that she had sufficient knowledge of Student’s disability. Her assessment consisted of data review and in-person observation.

REMEDIES/ORDER:

• Student’s requested relief on all issues is denied.