Lajeunesse v. School Board

20 Fla. Supp. 2d 231
CourtState of Florida Division of Administrative Hearings
DecidedAugust 13, 1985
DocketCase No. 84-4246E
StatusPublished

This text of 20 Fla. Supp. 2d 231 (Lajeunesse v. School Board) is published on Counsel Stack Legal Research, covering State of Florida Division of Administrative Hearings primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lajeunesse v. School Board, 20 Fla. Supp. 2d 231 (Fla. Super. Ct. 1985).

Opinion

OPINION

DIANE K. KIESLING, Hearing Officer.

FINAL ORDER

Pursuant to notice, a formal hearing was held in this cause on February 28, 1985, and April 3 & 4, 1985, in Fort Lauderdale, Florida, [232]*232before the Division of Administrative Hearings by its designated Hearing Officer, Diane K. Kiesling.

ISSUES

The issues presented for decision are:

1. Whether the educational placement of Ricky Lajeunesse by the School Board of Broward County constituted a free, appropriate public education; and if not, what educational placement would constitute a free, appropriate public education.

2. Whether the School Board of Broward County must reimburse the parents of Ricky Lajeunesse for costs and expenses incurred by the parents in their placement of Ricky at Devereaux School in Pennsylvania.

The Petitioner, Ricky Lajeunesse, presented the testimony of the following witnesses: Dr. Robert Cullen, an expert in Child Neurology; Mr. Bruce Fyne, School Psychologist in Devereaux School; Dr. Robert Ludwig, an expert in the field of Clinical Psychology; Mrs. Hazel Lajeunesse, Ricky’s mother; and Mr. Richard Lajeunesse, Ricky’s father.

The School Board of Broward County presented the testimony of the following witnesses: Mr. Harry LaCava, North Area Coordinator of Exceptional Student Educátion; Dr. Lane Roosa, North Area Coordinator of Psychological Services and an expert in psychology; Dr. Colleen Ryan, an expert in education and psychology; Mrs. Elizabeth Yuknus, Principal of Bright Horizons; Mrs. Julie McGinty, Curriculum Assistant at Bright Horizons; Mrs. April Vandenberg, Exceptional Student Education teacher at Bright Horizons; Mr. Alan Navlin, Exceptional Student Education teacher at Bright Horizons; Mrs. Catherine Davis, Guidance Counselor at Bright Horizons; and Mrs. Randy LaRusso, Exceptional Student Education teacher at Bright Horizons.

The Petitioner called one rebuttal witness, Mr. Richard Lajeunesse.

The parties introduced two Joint Exhibits: Joint Exhibit A, the educational records of Ricky Lajeunesse, and Joint Exhibit B, the 1983-84 District Procedures for Providing Special Programs for Exceptional Students, together with the 1984-85 amendments thereto. Petitioner had exhibits 1-4, 7 and 8 admitted into evidence and proferred Petitioner’s exhibits 5, 6 and 9. Respondent had one exhibit admitted.

Parties submitted proposed findings of fact and conclusions of law. All proposed findings of fact and conclusions of law have been considered. To the extent that the proposed findings and conclusions [233]*233submitted are in accordance with the Findings, Conclusions and views submitted herein, they have been accepted and adopted in substance. Those findings not adopted are considered to be subordinate, cumulative, immaterial, unnecessary, or not supported by the competent and credible evidence.

FINDINGS OF FACT

1. Ricky Lajeunesse is an 11-year old boy who suffers from Early Onset Pervasive Developmental Disorder. He attended Broward County’s center for handicapped students, Bright Horizons, from August 1978 through the summer school program ending in 1984.

2. Characteristically, children with a diagnosis of Early Onset Pervasive Developmental Disorder:

(a) are primarily language impaired,

(b) have severe impairment of social skills and relationship skills,

(c) are often misdiagnosed as either deaf or retarded,

(d) do not respond to traditional psychotherapy but require a behavior modification program,

(e) exhibit a range of intellectual potential but may appear untestable using normative instruments,

(f) do not demonstrate a steady learning curve but show program, regression, and plateaus,

(g) frequently engage in self-stimulatory behavior (which may increase around age 8 or 9), and

(h) can never be expected to be truly independent and will always be in need of supervision throughout their lives, which tend to be of normal length.

3. Appropriate educational programs for children suffering Early Onset Pervasive Developmental Disorders need to be structured, behaviorally based, emphasize language development and social skills, utilize criteria reference testing instead of normative testing, and provide an opportunity for the parents to be intimately involved.

4. Bright Horizons is a self-contained center with programming specially designed for handicapped students. The Bright Horizons program:

(a) provides an integrated program for children cover the basic skills and therapy areas,

(b) works very closely with the family and the home situations,

[234]*234(c) implements a comprehensive basic skills curriculum using various curriculum guides,

(d) offers field trips providing opportunities for the informal learning necessary in childhood,

(e) offers opportunities for handicapped students to be exposed to other normal children providing role models for learning such behaviors,

(f) provides a structural management program for behavior modification and management,

(g) conducts support groups for parents,

(h) provides, on an as needed basis, individual parent counselling and home-school behavior management programs.

5. In August 1978, Ricky was placed in the Emotionally Handicapped (EH) program at Bright Horizons. He was evaluated at least yearly and individual educational plans (IEP) were structured and implemented at least yearly. Ricky received special services such as speech and language therapy and occupational therapy in addition to his EH placement.

6. In August, 1981, a new eligibility category was developed by the State Department of Education. This new category was for Severely Emotionally Disturbed (SED) students. Based upon reports from the school psychologist at Bright Horizons, from Dr. Philip Seat, Clinical Psychologist for the School Board of Broward County, and from a Psychiatrist, Dr. Salcedo, Ricky was reevaluated and a determination was made that he was eligible for the Severely Emotionally Disturbed program. This reevaluation and reassessment eligibility and placement was made at a staffingLajich complied with all requirements of law.

7. The SED program at Bright Horizons involved a smaller student/ teacher ratio, increased supervision, highly structured class environment, and a therapy component which involved both parents and students.

8. Ricky was reevaluated in June, 1983, and it was determined at the eligibility and placement staffing that continued placement in the SED program at Bright Horizons was appropriate.

9. At least yearly an IEP was prepared by Ricky. The IEP’s included use of curriculum designed for Educable Mentally Handicapped (EMH) students. The rules of the State Board of Education allow EMH curriculum to be used with emotionally handicapped students where those students are functioning in a mentally handi[235]*235capped range. It is appropriate to use EMH curriculum in order to appropriately place the student in the appropriate range of functioning. Ricky was not programmed as a retardate, but was programmed as a severely emotionally disturbed child.

10.

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