Ridley Sch. Dist. v. M.R
| Decision Date | 14 February 2011 |
| Docket Number | CIVIL ACTION No. 09-2503 |
| Parties | RIDLEY SCHOOL DISTRICT v. M.R. and J.R., Parents of the minor child, E.R. |
| Court | U.S. District Court — Eastern District of Pennsylvania |
MEMORANDUM OPINION
This case arises under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400, and § 504 of the Rehabilitation Act, 29 U.S.C. § 794. Plaintiffs, M.R. and J.R. (hereinafter "Parents"), have alleged that the Ridley School District (hereinafter "Ridley") failed to timely evaluate and identify their child, E.R., as a student in need of special education and failed to implement an appropriate plan during E.R.'s kindergarten, first and second grade years. Parents also claim that Ridley discriminated against E.R. based upon her disabilities.
The Administrative Hearing Officer concluded that Ridley complied with the IDEA for E.R.'s kindergarten year but found several violations of that Act for E.R.'s first and second grade years. The Officer also concluded that Ridley's discriminatory conduct during E.R.'s first grade year violated the Rehabilitation Act.
Currently before me are the parties' cross motions for judgment on the administrative record. After careful consideration of the parties' extensive briefing and review of the administrative record, I agree with the Hearing Officer only to the extent that she concluded that Ridley complied with the IDEA for E.R.'s kindergarten year. I disagree with the remaining findings reached by the Officer, and accordingly, I will grant Ridley's motion and deny E.R.'s motion.
E.R., who was eight years old when the Hearing Officer's April 21, 2009 report was issued, attended school in the Ridley School District, for kindergarten (2006-2007), and first grade (20072008). After first grade, Parents removed E.R. from Ridley and enrolled her in the Benchmark School, a private school that specializes in teaching students with learning disabilities.
Prior to attending kindergarten, Parents had concerns about E.R.'s pre-academic skills and had her evaluated at the Chester County Intermediate Unit.1 Although that testing noted some academic difficulties, the results reflected that E.R. did not qualify as a child with special needs. (H.O. Rpt. ¶¶ 7-8.)
In September of 2006, E.R.'s kindergarten year, Ridley placed her in extended day kindergarten for extra academic help. Parents were notified of this placement and were advised it was for math and reinforcement of kindergarten academic skills. (H.O. Rpt. ¶ 10.)
In November of her kindergarten year, Parents requested that Ridley undertake an educational evaluation due to what they perceived to be E.R.'s academic struggles and attention issues. Ridley agreed, and an Initial Evaluation Report was completed on January 31, 2007. While this report noted certain academic difficulties, it concluded, consistent with the Chester County Intermediate Unit's findings, that E.R. did not qualify for special services because her cognitive ability and achievement levels were both in the average range. (H.O. Rpt. ¶ 13.)
On February 7, 2007, Ridley convened an Independent Educational Plan (hereinafter IEP) team meeting to review the initial evaluation. There, Parents expressed their disagreement with Ridley's assessment that E.R. was not learning disabled. In response, Ridley agreed to additional testing, which included: The Children's Memory Scale, Test of Auditory Processing Skills, and The Behavior Rating Inventory of Executive Functioning. Ridley also agreed to undertake provide a physical therapy evaluation. (H.O. Rpt. ¶ 18.)
This additional testing resulted in addendums to the original Evaluation Report. The first addendum, dated April 18, 2007, concluded that E.R.'s memory and auditory processing and executive functioning were all within the average range, but noted a relative weakness in retaining and manipulating numbers. A second addendum, dated June 5, 2007, found average cognitive functioning and academic skills also within the average range. In summary, these addendums reflected average ranges for E.R. in most areas tested. Indeed, the WIAT-II (Wechsler Individual Achievement Test-Second Edition) indicated average skills for E.R. across all academic areas. (H.O. Rpt. ¶¶ 20, 23.)
Based on these results, Ridley's school psychologist noted that there was a lack of a statistically significant discrepancy between E.R.'s cognitive functioning and standardized achievement tests and E.R.'s classroom based assessments, which indicated "consistent and significant progress in all areas." Consequently, Ridley's psychologist again concluded that there was an absence of a specific learning disability. (H.O. Rpt. ¶ 23.)
Pursuant to E.R.'s kindergarten teacher's recommendation, E.R. attended a summer program called "Summer Steps Program" to reinforce her academic skills. There, it was reported that E.R. made academic progress but that she needed improvement in several academic areas, and that she had difficulties recognizing numbers and counting. (H.O. Rpt. ¶¶ 24-25.)
The initial portion of E.R.'s first grade year were spent reviewing kindergarten materials. During that time, E.R. struggled academically. In late September 2007, Parents requested a meeting with E.R.'s first grade teacher, Janet Cenname. Because the school year had just started, Mrs. Cenname believed it was premature to meet and would be more prudent to allow E.R. to develop her skills at school and at home. However, Mrs. Cenname readily offered to meet with Parents shortly thereafter in early October. (H.O. Rpt. ¶¶ 32-33; Parents' Ex.13.)
Rather than re-contacting Mrs. Cenname, Parents met with the school's principal on November 1, 2007, where Parents were advised that E.R. had been placed on a "reading watch list." After this meeting, E.R. was placed in a reading support group, but according to Parents, she had difficulty catching up because the group had started two months earlier. (N.T. 130-133; H.O. Rpt. ¶ 35.)
On November 16, 2007, Parents requested a comprehensive re-evaluation. Ridley issued its permission to re-evaluate on November 27, 2007 and the re-evaluation was completed on February 26, 2008. (H.O. Rpt. ¶¶ 34-36, 39.) The Re-evaluation Report found E.R. to have disabilities in the areas of reading, written language, and math and reasoning skills. She was also found to have "fine motor delays and a language disability." (H.O. Rpt. ¶ 40.) Accordingly, Ridley's psychologist prepared recommendations for the IEP team regarding special educational services for E.R.2 Parentssigned the Re-evaluation Report in agreement. (H.O. Rpt. ¶ 41.)
Based on the Re-evaluation Report, the district offered two possible placements for E.R.: the learning support room at her current school or a self contained classroom at a different elementary school within the district. Parents observed both classrooms but concluded neither program was appropriate for E.R. (H.O. Rpt. ¶ 42.)
After Parents completed their visit and review of the two suggested placements, the IEP team met on March 28, 2008, to review the draft IEP. At that meeting, the team agreed to certain revisions. In addition to other services and accommodations, Ridley's Director of Special Education suggested a program called Project Read as a possible reading aid for E.R. and agreed to look into the program and provide follow-up recommendations. Thereafter, the IEP team met several more times, with Parents requesting further revisions to the proposed IEP. On May 9, 2008, after most of these requested revisions were incorporated, a corrected Notice of Recommended Educational Placement (NOREP) was issued and Parents signed it in agreement. (H.O. Rpt. ¶¶ 43-50.)
On May 13, 2008, in accordance with the IEP, E.R. began going to her school's resource room every day for an hour of reading assistance and a separate hour of math assistance. The resource room reading program consisted of the following: Read Naturally, Reading Workshop, Writing Workshop, and Patricia Cunningham's Systematic Phonics. Aimee Hodges, the resource room teacher, testified that everything done in the resource room was multi-sensory, meaning there were visual, oral, and hands on components. Hodges explained that she concentrated on areas of weakness that were noted in E.R's evaluation. The resource room math program consisted of Everyday Math. Hodges again noted that she focused on areas where E.R. needed work. (N.T. 61525.)
There were five other students in the resource room. None were first graders and each haddifferent learning issues, yet all were provided with the same reading programs. (H.O. Rpt. ¶ 53.) Hodges testified that while all the students used the same program, different parts of the program were used for different students, so that assistance was geared towards each student's specific needs.(N.T. 638-39.)
E.R.'s grades in the resource room improved, however, Parents attributed this improvement to resource room assistance. E.R. received eighteen days of resource room assistance before her first grade year concluded. (H.O. Rpt. ¶¶ 51, 56-57.)
On June 9, 2008, the IEP team met to update E.R.'s IEP. There, it was recommended that E.R. continue to receive services from the resource room: one hour per day concentration in reading and at least one hour for math. (H.O. Rpt. ¶ 59.) Additionally, Ridley agreed to pay for a summer learning program at the Benchmark Camp along with summer math tutoring three times a week. (H.O. Rpt. ¶ 47.) Ridley also again suggested Project Read, to begin in late September of E.R.'s second grade year. Specifically, the NOREP issued after that meeting set out that Ridley would train their learning support staff on Project Read during the summer and the program would be up and running by the end of September. Parents researched Project Read and concluded that it was not appropriate for E.R. (H.O. Rpt. ¶¶ 60-61.)
On August 14, 2008,...
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