STATE OF LOUISIANA
DIVISION
OF
ADMINISTRATIVE LAW
P.O. Box 44033, Baton Rouge, LA 70804-4033
Main Phone (225) 342-1800 * Fax (225) 342-1812
www.adminlaw.state.la.us
Located at 1020 Florida Street, Baton Rouge, LA 70802
JOHN BEL EDWARDS
Governor
EMALIE A. BOYCE
Director
March 15, 2018
Marta Jewson
The Lens
4344 Earhart Boulevard, Suite B
New Orleans, LA 70125
VIA E-MAIL to mjewson@thelensnola.org
RE: Response to Public Records Request
Dear Ms. Jewson,
On March 5, 2018, we received the attached public records request for a copy of the
complaint and final decision in DAL Docket No. 2016-2727-DOE-IDEA. We have provided the
complaint only as this matter is ongoing and no final decision has been rendered.
Attached, please find our response, which has been redacted for privacy reasons, and is
being sent electronically to the e-mail address above in an attachment consisting of consisting of
16 pages.
Should you have any questions, please contact the Division of Administrative Law at (225)
342-1800.
Very truly yours,
C
Christine Dabney
Clerk of Court
Providing Impartial Hearings for Government and Citizens
An Equal Opportunity Employer
Division of Administrative Law (DAL)
Public Records Request Form
Use this form to request a copy of a public record in the custody and control of the Division of Administra ve Law. (If you want to request records from an administra ve case and you are a party
to the case, do not use this form. Instead, contact the Clerk's Office to obtain a copy of the records.) There may be costs associated with this request depending on the delivery format you
choose for the response. All costs must be paid in advance. You may submit the form online by filling it out completely and clicking on the “Submit” bu on at the end of the form. To print and
send this form to DAL by postal mail or fax, click here to download the form.
................................................................................................................................................................................................................................................................................
First Name *
Marta
Last Name *
Jewson
Organization
The Lens
If Applicable
Mailing Address *
Street Address
4344 Earhart Blvd.
Address Line 2
Suite B
Email Address *
City
State / Province / Region
New Orleans
LA
Postal / Zip Code
Country
70125
Orleans
mjewson@thelensnola.org
Telephone Number * 612-802-3063
Fax Number
Description of Information Requested
DAL Docket Number 2017-9863-DOE-IDEA
If applicable
Please be as specific as possible to ensure your request is accurately answered. If you need additional space, you may
add an additional page to this request by attaching a document below.
*
I'd like to view a copy of the complaint and the final decision in this case.
Attach Document
Delivery Format Options
The response can be provided to you in one of four delivery formats: in person inspection, email, hard copies,
and download to CD. Records requested to be viewed in person or emailed to you are available at no cost. There are
costs for hard copies of the records or if you want the records downloaded to a CD.
Select One *
No cost delivery format options
Costs delivery format options
*
E-mail
Select your preferred delivery format option.
Date of Request
3/5/2018
Signature *
Type your name or use your mouse to sign.
LOUISIANA DEPARTMENT OF EDUCAT ION
FILED
STATE OF LOUI S IANA
To:
From:
Date:
Re:
Division of Administrative Law
Parris A. Taylor
December 1, 2017
Request for Due Process Hearing ~~
REQUESTOR obo STUDENT v. SCHOOL
Log Number: 78-H-11
DEC 01 2017
DIVISION OF ADMINSTRATIVE LAW
The Louisiana Department of Ed ucation ("Department") received a due process hearing request
in the above-referenced matter on December 1, 2017, from Debra Weinberg, 0/B/0 -
v.
ool Board.
Based on the December 1, 2017, receipt date, the deadline for Ms. Weinberg and the school
district to convene a resolution meeting is December 16. 2017. Unless one of the three
events described in Louisiana Bulletin 1706 §S10.C occurs, the resolution period will expire on
December 31. 2017. 30 days after the hearing request was filed.
Please document and record when the parties were informed that an administrative law j udge
has been assigned because that date triggers the three day period for either party to chall enge
the assignment.
According to State Regulations, a final decision must be reached and a copy of the decision
mailed to the parties within forty-five days after the resolution period expires. Once the hearing
timeline begins to run, the administrative law judge may grant "specific extensions of time ... at
the request of either party" but not their own initiative. Louisiana Bu lletin 1706 §515(B). " When
an extension is granted, the hearing officer sha ll, on the day the decision is made to grant the
extension, notify all parties and the Department in writing, stating the date, time, and location
of the resched uled hearing." Bu ll etin 1706 §515.B.2. The Department and all parties should also
be notified of what, if any, im pact the extension wi ll have on when the final decision and order
will be issued.
Please inform the Department of:
1. The initial dead line for the hearing as requ ired by Section 515 of Bulletin 1706;
2. The date(s) of any pre-hearing conference(s);
3 . When the resolution meeting was scheduled, held, or waived;
4. The hearing date(s); and
5 . Any extended dead line(s).
During the course of the hearing, ONLY send the Department correspondence setting dates incl uding dead lines and hearing dates. Please submit the entire administrative record, including
the origina l signed decision, once the rehearing and appea l delays have lapsed.
Lou.t.st77.4 53 .272 1 I WWW.LOU ISIANABELIEVES .COM
Please send all final decisions (including dismissals):
1. To the Department by email toDisputeResolution.DOE@la.gov AND madavis@la.gov (send
the signed original by mail with the rest of the file);
2. To the Special Education Director - or the attorney who represents the school district electronically with delivery confirmation and by first class mail with a certificate of mailing;
3. To the parent - or the attorney who represents the parent - electronically with delivery
confirmation and by first class mail with a certificate of mailing;
4. To the parent - or the attorney who represents the parent - electronically with delivery
confirmation and by first class mail with a certificate of mailing; (two copies must be sent to the
parent or the parent’s attorney); and,
5. to the superintendent of the school district by first class mail.
Please send the (originals or copies) of the certificates of mailing and the electronic delivery
verifications with the file. Please put the log number (Log Number: 78-H-11) on the certificates
of mailing and e-verifications.
The Department has continued its contract with Associated Reporters, Inc., to provide court
reporting services for due process hearings. Contact Katrina Morgan at (504) 529-3355 or (800)
355-7245 for any in-person hearing date(s) to arrange for a court reporter for the due process
hearing. Be sure to inform her that you are calling for the Department of Education in order to
avoid billing problems. Please contact Margie Golmon at (225) 342-3572 with any questions you
have regarding the court reporting services contract.
If you have any additional questions or concerns, please feel free to contact me or call Marshall
Ann Davis at (225) 342-6971.
PAT/mad
Attachment
Request for due process hearing
PRR, Page 2 of 16
LOUISIANA DEPARTMENT OF EDUCAT ION
TO:
Debra Weinberg, Managing Attorney, The Advocacy Center
Superintendent of Schools,
Executive Director, Exceptiona
FROM :
Parris A.
or, Louisiana Department of Education
~
DATE:
December 1, 2017
LOG NUMBER: 78-H-11
School Board
s Services
The Louisiana Department of Education ("Department") received the enclosed due process
hearing request on December 11 2017. I have forwarded the hea ri ng req uest to the Division of
Administrative Law (" DAL"). Someone from DAL will contact you soon about pa rticipating in a
pre-hearing conference and confirming the due process hearing request timelines.
The school distr ict must convene a resolution meeting within fifteen days after receiving notice
of a due process hearing request (Louisiana Bulletin 1706 §510), and the requestor ~
attend, unless both parties agree in writing to waive the resol ution process or to pa rticipate in
mediation. The Department recom mends that parties participate in resolution meetings and
attempt to resolve th is matter during the 30 day resolution period. Please note that an attorney
for the school district may not participate in the resolution meeting unless the parent is
accompanied by an attorney.
The school district must inform the Department when the resolution meeting date is held or, if
a resolution meeting is not held, a send a copy of the written statement confirming that both
parties agreed to waive the resolution meeting. Please provide this information to the
Department - by e-mail to DisputeReso lution.DOE@Ia.gov and madavis@ la.gov - as soon as
possible and no later than January 2, 2018. We are attaching a Resolution Verification Form for
your convenience.
If you wish to participate in mediation, please send a written request by email to one of the
addresses in the previous paragraph, to the address below, or by fax to (225) 342-1197. The
primary difference between a resolution meeting and mediation is the resolution meeting
includes only the parties to the hearing, but mediation is conducted by a neutral, objective,
and trained mediator contracted by the Department to help both sides to resolve the dispute.
The Department encourages parties to consider mediation, and there is a mediation request
form with additional information on our website www.louisianabelieves.com.
The assigned ad ministrative law j udge wi ll hold a pre-hearing conference, probably by phone,
to discuss issues, witnesses, exhibits, and other matters that wi ll make the hearing process
easier. During the pre-hearing conference, t he administrative law judge will schedu le the
actua l hearing date(s), address any pre-hea ri ng issues, and will set dead lines to exchange
documents, exhibits, witness lists, etc. The pre-hearing conference is not your due process
Lou.t.st77.453 .272 1 I WWW.LOU ISIANABELIEVES .COM
hearing; you will have a formal due process hearing unless the parties are able to settle this
matter before the scheduled hearing date.
The administrative law judge will not form an opinion about this due process hearing request
until both parties have had an opportunity to present arguments and evidence and to respond
to the opposing party’s arguments and evidence. Again, someone from the DAL will contact
both of you separately to set up dates and times for the pre-hearing conference, but neither
party should attempt to talk about the specific facts and issues of this case with the
administrative law judge unless the other party is also part of the conversation. Any and all
correspondence about this case must include the Log Number (78-H-11) and should be sent
directly to the administrative law judge, with a copy sent to the opposing party.
If you wish to challenge the appointment of your administrative law judge because you have
reason to doubt the particular administrative law judge’s impartiality, you must submit written
information supporting your challenge to the Department within three business days of
receiving notice that DAL has appointed an administrative law judge.
Enclosures
Hearing Request
To the parent or parent’s attorney (via email only): Free and Low-Cost Legal and Other Relevant
Services, Louisiana’s Educational Rights of Children with Disabilities, Louisiana Department of
Education Dispute Resolution Comparison Chart, CADRE’s Special Education Resolution
Meetings: A Guide for Parent of Children & Youth, Louisiana State Department of Education’s
Special Populations Complaint Brochure, Due Process Brochure and Mediation Brochure, United
States Department of Education’s Balancing Student Privacy and Safety: A Guide to the Family
Educational Rights and Privacy Act for Elementary and Secondary Schools Brochure, and
Parents’ Guide to the Family Educational Rights and Privacy Act: Rights Regarding Children’s
Education Records
PRR, Page 4 of 16
F I L ED
STATE OF LOU I S IA N A
•
•
( l( )()
DEC 01 2017
DIVISION OF ADt.AINSTRATIVE LAW
ILDE LoQ No. 78-H-11 I
ADVOCACY CENTER
December I, 20 17
SENT VIA ELECTRONIC MAIL ONLY TO: DisputeResolution.OOE@la.gov
Louisiana Department of Educatjon
Attention Lega l Division
Post Office Box 94064
Baton Rouge, Louisiana 70804-9064
Re: Due Process Complaint against
School Board
To Whom it May Concem:
We are filing the attached Due Process
) by and through .
aint on behalf of - (DOB:
Debra J. Weinberg, Bar No.: 32760
Advocacy Center of Louisiana
8325 Oak Street
New Orleans, LA 70118 -2043
504-522-2337, extension 128
504-522-5507 (Facsi mile)
dwcinbcrg@ndvocacy ln.org
Kenneth Kolb, Bar No.: 18290
Advocacy Center of Louisiana
8325 Oak Street
New Orleans, LA 701 18 -2043
504- 522-2337. extension 121
504-522-5507 (Facsimile)
kkolb@auvocacY.Ia.org
_ _ _ _501-522-2:137 (Voice) • 1-1100-960-7705 (Voice) • 5111-n2-5507 (Fax) • W\\l'ov.advocacyla.org
• New Orleans, Loui~;i;tna 70 II U
PRR,
Page 5 of.S:v16
Tlte P,·otectiou cuul Advocacy
...-ti'IH for L ouis iartn
8325 Oak Strt:cl
STATE OF LOUISIANA
DIVISION OF ADMINISTRATIVE LAW
DEPARTMENT OF EDUCATION
•
•
•
•
•
•
IN THE MATTER OF
- B Y AND THOUGH
HER,-
ILDE LoQ No. 78-H-11
DOCKET NO•
TRACKING N O . - - - - -
******************************************************************************
DUE PROCESS COMPLAINT
I.
INTRODUCTION
1.
-s
student with-who resides in
an Individualized Education Program (IEP). Because
School Board's actions
and inactions- is receiving educational services at home,
must be present for all of
and
2.
has no interaction with peers,
educational services.
~ significant intellectual delays, communication deficits, social deficits,
IIIII has substantial difficulties with transitions. New individuals and
situations can trigger- negative behaviors. IIIII has a history of running away when is
disabilities, IIIII is not able to reliably detennine if
behavior may
upset at school. Due to
and aggressive behaviors.
be dangerous to
3.
.
Upon returning to school in August 2017 after the summer break, without
transition planning or notice of a new paraprofessional,
IIIII immediately began having
behavioral issues, was refusing work, ran from the school, and had to regularly be sent home
early from
already shortened day.
PRR, Page 6 of 16
I
4.
In August 2017, as a result o.SB's staff being unable to manage-
behavior, the
took unpaid leave, the
5.
lost
IIIII in the classroom. Because
job.
Starting in October 2017, even with the
school. Since November 2017,
6.
job to be with
took unpaid leave from
present,
IIIII refused to go to the
IIIII has received educational services at home.
By failing to provide any related services, by providing an unsafe educational
placement, and by providing insufficient staffing
toiiiii. •B is violating
right to a free
appropriate education under the IDEA, 20 U.S.C. §§ 1400-1482; the federal regulations
promulgated pursuant to the IDEA, 34 C.F.R. §§ 300.1-300.818.; Louisiana's Educational
Opportunities for Students with Exceptional hies Act, La. R.S. §§ 17: 1941-1990; Louisiana's
regulations implementing the IDEA found in Bulletins 1508 and 1706.
7.
By failing to provide any related services, a safe educational environment, or
consistent academic instruction,.SB violated~ght to a free appropriate education
under §504 of the Rehabilitation Act of 1973,29 U.S.C. §794.
8.
.SB violated the 2016 settlement agreement, which is enforceable under federal
and state law, by not providing: 1. A properly trained and certified paraprofessional; 2. Case
management team meetings; 3. Professional development performed by a BCBA; 4. Prior notice
of staffing changes; and 5. Related services.
II.
PARTIES
9.
~as born in
resides with
at
was attending a public school program at
directly administered by .SB in-arish, Louisiana, from January 2017 until October
2017 and has attended direct run schools administered by .SB since at least 2015.
Page 2 of 11
PRR, Page 7 of 16
10.
-
is the
o f - a minor child.
11.
.SB is a local educational agency responsible for providing •
. with a free
appropriate public education and the procedural protections required under the IDEA, 20 U.S.C.
§§ 1400-1482, Louisiana's Educational Opportunities for Students with Exceptionalities Ac~ La.
R.S. §§ 17:1941-1990, and Section 504 of the Rehabilitation Act of 1973.
DI.
STATEMENTOFFACTS
A.
Through both personnel and architectural failures, .SB denied- an
appropriate education in the least restrictive environment.
12,
. .. a
w i t h - has an IEP through.SB to address
significant inteJJectuaJ delays, communication deficits, social deficits, and aggressive behaviors.
New individuals and situations can trigger- negative behaviors, such as running away
when
is upset at school. Due to
disabilities,
IIIII is not able to reliably determine if
behavior may be dangerous to
13.
From Fall2016 until October 2017,111111 attended a public school program at
directly administered by .SB i n - Parish, Louisiana.
14.
.SB constructed ~lassroom at
to
meet the requirements of the July 28,2016 Settlement Agreement that resolved the
2016 Due Process Complaint against.SB. At this address-has a primary room,
individual bathroom, a "cool-down" room, and access to a shared gym.
15.
During the winter and spring of2017llll was doing well at school, having
extended the length of
shortened school day up to three hours a day and
fewer negative behaviors.
Page 3 of 11
PRR, Page 8 of 16
was exhibiting
16.
Upon returning to school in August 2017, without any transition planning or
notice of a new paraprofessional, -mmediately began having behavioral issues, was
refusing work, and had to be regularly sent home early.
17.
Due to a significant decline in behavior from the previous year, there was an IEP
meeting on August 23, 2017. At the August 23,2017, the parent addressed significant concerns
regarding personnel, related services, the lack of air conditioning in the school building, and
-ability to flee the school building. At that meeting.SB agreed to fmd a solution to
prevent IIIII from fleeing the school building.
18.
to
~ses a side entrance with a door next
To enter and exit
classroom. This door cannot be locked or barred from the inside. Twice during August
2017, - r a n out the door toward the street. On the second occasion, August 28, 2017 after
the August 23, 2017 IEP meeting,
ran across the street. As of the date of this complaint,.SB
has failed to take the necessary steps to protect~ and develop a plan and a behavioral program that
adequately addresses
19.
propensity to run from the school and into the street.
In August 2017, as the staff was unable to manage- behavior, the
took unpaid leave from
leave, the
20.
lost
-
job to be with IIIII in the classroom. Because
job.
paraprofessional ignorin,_, trying to trigger
observed
behaviors, and being openly oppositional to
disclosed
and teacher. The paraprofessional also
name, diagnoses, and behavioral details to other staff at both
school, which do not have contact with
information. When the
took unpaid
and have no need to know
school and another
disability related
reported this conduct to the school district, it was directly
provided to the paraprofessional, leading to further confrontations and negative behavior toward
the student.
Page4 of 11
PRR, Page 9 of 16
21.
Starting in October 2017, even with the
school building. Since November 2017,
22.
The
present,
IIIII refused to go to the
IIIII has received educational services at home.
has repeatedly offered to be hired as the paraprofessional for . . . as
meets the hiring criteria. Despite this, .SB refuses to hire
, but nonetheless relies on
constant availability during instruction.
23.
Despite .SB and the parent agreeing to have related services provided virtually
and the inclusion of related services on the IEP, . . has not received any related services,
virtually or in person, during the 2017-2018 school year.
24.
In November 2017, Metropolitan Human Services District, the Office for Citizens
with Developmental Disabilities, and Quality called the
to an urgent meeting. School or
school board personnel contacted these Medicaid subcontractors and told them that the
wanted to immediately institutionalize
dedicates
to keeping
1111· This is both untrue and defamatory. The
IIIII in the community.
Despite the
requests, they would
not disclose who provided this false infonnation.
25.
As
IIIII cannot safely remain in an educational program at a school or be
educated without the
presence, .SB has failed and continues to fail to provide
IIIII
with a free appropriate public education in the least restrictive environment.
B.
By failing to adbere to tbe settlement agreement, .SB denied- access
to the necessary consistency, planning, and personnel needed f o r - to receive an
appropriate education.
26.
On March 15, 2016 the
filed a Due Process Complaint against.SB
(DAL Docket No. 2016-2727-DOE-IDEA, LDE Docket No. 56-H-09) alleging that.SB
violated the IDEA by: I. Not providing any educational services for four and a half months; 2.
Page Sofll
PRR, Page 10 of 16
By allowing a teacher to punch
IIIII in the
; 3. by not following the behavior intervention
plan and crisis plan; and 4. by failing to appropriately report restraints and seclusions.
27.
On July 28, 2016, after participating in the resolution meeting and continuing to
draft the settlement document, .Band the
settled the 2016 Due Process by executing
a settlement agreement (2016 Settlement).
28.
The 2016 Settlement included among it provisions thatllll would have "a one-
on-one paraprofessional ... [who is] certified/licensed under Louisiana law as a behavior
technician." (Settlement ,3). Additionally, it required that "a behavior analyst, licensed/certified
under Louisiana law and with certification from a nationally recognized behavior analytic
certification organization .. . provide professional supervision for the paraprofessional, including
in-person supervision approximately 1 hour per work week." (Settlement ,4).
29.
For the 2016-2017 school year and for the fall of2017- had two assigned
paraprofessionals. Upon information and belief, the one of the paraprofessionals,-·
who worked with
IIIII from fall 2016 through November 2017 did not fully complete the
necessary training and registration as a behavior technician as provided for under Louisiana law.
Likewise
Despite this,
did not receive the dictated professional supervision since, at latest, winter 2017.
has been purported to be a registered behavior technician as necessitated by the
2016 Settlement. Neither the second paraprofessional for the 2016-2017 school year, nor
replacement for the 2017-2018 school year was trained as a registered behavior technician.
31 .
The 2016 Settlement also provided for the creation of a "Case Management Team
(CMT) ... consist[ing] of the Parent. .. and School Board experts who will collaborate at least
monthly and who are charged with developing recommendations and plans for the IEP Team to
consider." (Settlement 'd6).
Page 6 ofll
PRR, Page 11 of 16
32.
Upon information and belief,.SB terminated the holding ofCMT meetings
during fall 20 16 and despite persistent requests from the parent and
attorney, none were held
between fall 2016 and November 2017. The only meeting held in November 2017 did not meet
. B ' s contractual obligation, as the district's expert was not present.
33.
In the 2016 Senlement,.SB agreed to ..provide professional development to all
o f - educational and related service providers, with the training conducted by a Board
Certified Behavior Analyst (BCBA) regarding teaching strategies and behavior management
techniques specific t o - areas ofneed and functional abilities .... " (Settlement ~8).
34.
To the
knowledge,.SB has not provided any BCBA formal or
informal training t o - new personnel or to
related service providers. The
also is
not aware of any formal professional development performed by the BCBA beyond some initial
training for the paraprofessional during the beginning of the 2016-2017 school year.
35.
Asllll has significant difficulties with new people, the 2016 settlement
provided that the
would be "informed of any and all changes to staffing (including
teacher, paraprofessional, and/or related services providers) and/or educational location within
one business day o.SB's knowledge of the change." (Settlement ~11).
36.
During the summer of2017,.SB unilaterally changed the second (
paraprofessional to a new staff person. The
)
was not notified, only becoming aware of the
staffing change on the first day of the 2017-2018 school year. Also, despite the settlement
requiring music therapy be provided at least 30 minutes per week during the 2016-2017 school
year,
IIIII has never received music therapy as a related service.
37.
The settlement also mandates thatllll receive the related services in
that during the 2016- 20 17 school year
IEP and
was to receive "related services in the areas of speech
Page 7 of 11
PRR, Page 12 of 16
therapy (pragmatics), occupational therapy, adaptive physical education, and music therapy will
be provided for a minimum of30 minutes each per week." (Settlement 120).
38.
During the 2016-2017 school year,
IIIII never received music therapy as a
related service and access to speech therapy and occupational therapy was not provided
according to the settlement
IIIII has not received any related services during the 2017-2018
school year.
39.
.SB failed to meet the standards it agreed to in the 2016 Settlement.
IV.
CAUSES OF ACTION
A.
Right to a free appropriate education in the least restrictive environment under the
IDEA and Louisiana's law and regulations implementing the IDEA
40.
Under the IDEA, all children with disabilities within the State must be provided
with a free appropriate public education. 20 U.S.C. § 1412(a)(1); 34 C.F.R. § 300.101.
41.
By failing to provide any related services, by providing an unsafe educational
placement, and by providing insufficient staffing to
IIIII
SB violated
right to a free
appropriate education under the IDEA, 20 U.S.C. §§ 1400-1482; the federal regulations
promulgated pursuant to the IDEA, 34 C.F.R. §§ 300.1-300.818.; Louisiana's Educational
Opportunities for Students with Exceptionalities Act, La R.S. §§ 17:1941-1990; Louisiana's
regulations implementing the IDEA found in Bulletins 1508 and 1706.
B.
Right to a free appropriate education in the least restrictive environment under
§504 of the Rehabilitation act of 1973
42.
Section 504 of the Rehabilitation Act of 1973,29 U.S.C. §794, prohibits
programs or activities receiving federal financial assistance, such as .SB, from discriminating
Page 8of11
PRR, Page 13 of 16
against, or utilizing criteria or methods of administration which subject, an otherwise qualified
handicapped person to discrimination on the basis of handicap.
43.
Under §504 and the regulations duly promulgated by the United States
Department of Education, all students with disabilities within .SB must be provided with a
free appropriate public education to meet their unique needs, and a panoply of procedural
safeguards. 34 C.F.R. §§104.33-104.36.
44.
By failing to provide any related services, a safe educational environment, or
consistent academic instruction, .SB violated- right to a free appropriate education
under §504 of the Rehabilitation Act of 1973,29 U.S.C. §794.
C.
Violation of Settlement Agreement Contract and Louisiana Law
45.
.SB violated the 2016 settlement agreement, which is enforceable under federal
and state law, by not providing: 1. A properly trained and certified paraprofessional; 2. Case
management team meetings; 3. Professional development performed by a BCBA; 4. Prior notice
of staffing changes; and 5. Related services.
46.
Under LA R.S. 37:3705 "[n]o person shall hold himself out as a licensed behavior
a registered line technician unless licensed, state certified, or registered ... " and under LA R.S.
37:3708, ..A line technician shall be registered by his supervising licensed behavior analyst with
the board ... [and] shall be renewed annually by the supervising licensed behavior analyst."
47.
By knowingly presenting the paraprofessional as a registered line technician when
is not, .SB violated not only the settlement agreement but also Louisiana Law.
V.
REQUESTS FOR RELIEF
Wherefore, by and through
A.
her,- requests that a hearing officer:
Assume jurisdiction and set this matter down for a due process hearing;
Page 9ofll
PRR, Page 14 of 16
B.
Issue an order requiring the.SB to immediately take the following steps:
1.
Hire a new, Ph.D. level psychologist with at least 10 years
experience working with teenagers with significant behavioral deficits due to
autism to create a transition plan, make adaptations to the classroom to meet
-needs;
2.
Hire the
after providing
to serve as -
one-on-one paraprofessional,
the ABA training and registration necessary for certification as
a line te~hnician;
3.
Eliminate the use of a second paraprofessional working w i t h -
4.
Provide a program for compensatory and related services of speech
and music therapy virtually through online applications on the smart board at the
school as well as through the iPad;
5.
That the smart board in the classroom be connected to the Internet
and properly calibrated, or if .SB is unable to do so that a new board be
installed immediately that is properly calibrated and connected to the internet.
6.
That a fully functional washer and dryer be returned to -
classroom and connected for use in functional like skills training;
7.
Provide
IIIII with compensatory education for lost educational
opportunities and services;
8.
Provide all services agreed to in the 2016 settlement agreement;
9.
Provide monetary compensation for lost wages incurred b y -
(from August 28, 2017 through the start of
and
Page 10 of 11
PRR, Page 15 of 16
employment with .SB);
10.
Provide
~ independent monitor, agreed upon by the Jarties. to
ensure implementation of these orders and tbe 2016 Seulement who will report to
this tribunal quarterly regarding the status of comp.liance.
If this tribunal ftnds that .
D.
SB is unable or unwilling to provide IIIII
with a free appropriate public education in a safe environment, that this tribunal
order
.
SB to fund private or homeschool education and related services for
IIIII in the manner of the
E.
choosing.
Grant such other or further relief as may be deemed just and appropriate.
Respectfully submitted this I s t day of December 2017.
ON BEHALF OF
By
attorneys,
0~760
Advocacy Center of Louisiana
8325 Oak Street
New Orleans. LA 70118 -2043
504-522-2337, extension 128
504-522-5507 (Facsimile)
dv,,einberg@ advocac\·)a.org
Ke1meth Kolb, Bar No.: 18290
Advocacy Center of louisiana
8325 Oak Street
New Orleans, LA 701 18-2043
504-522-2337, extension 12 1
504-522-5507 (Facsimile)
kkol b~ad vocacy la.org
Page 11 of 11
PRR, Page 16 of 16
,