T.M. v. Quakertown Community School District

251 F. Supp. 3d 792, 2017 WL 1406581, 2017 U.S. Dist. LEXIS 60187
CourtDistrict Court, E.D. Pennsylvania
DecidedApril 19, 2017
DocketCIVIL ACTION NO. 16-3915
StatusPublished
Cited by11 cases

This text of 251 F. Supp. 3d 792 (T.M. v. Quakertown Community School District) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
T.M. v. Quakertown Community School District, 251 F. Supp. 3d 792, 2017 WL 1406581, 2017 U.S. Dist. LEXIS 60187 (E.D. Pa. 2017).

Opinion

MEMORANDUM OPINION

Savage, J.

In this action brought under the Individuals with Disabilities Education Act (IDEA), the parents of a disabled child and the school district want to provide the best educational program for the child. But, they disagree how to achieve it. The parents, who are dissatisfied with the child’s progress, complain that the school district is not doing enough. The school district contends that it has devised and implemented an individualized education program which is reasonably calculated to enable the child to make progress in light of his particular circumstances. In essence, the conflict arises from the parties’ differing perceptions of the child’s abilities and needs.

The parents contend that Quakertown Community School District failed to properly evaluate T.M.’s ability and potential, resulting in an inappropriate educational program. According to the parents, the programming did not effectively address his disability-related needs. They argue that the programming was inconsistent with the requirements for an Applied Behavior Analysis/Verbal Behavior (ABA/VB) program. As a result, they contend that T.M. has not made meaningful progress.

The district argues that the techniques it utilized to identify and evaluate T.M.’s disability-related needs were reliable. It also contends that its implementation and supervision of T.M.’s special education curriculum aligned with his unique needs and equipped him with the opportunity to achieve meaningful progress.

After reviewing the administrative record and giving due weight and deference to the administrative proceedings, we conclude that the hearing officer did not err in finding that the district appropriately identified T.M.’s intellectual potential, evaluated the development of his unique special education needs, and implemented and supervised an educational curriculum that is producing reasonable progress in light of those needs. Thus, we shall deny the parents’ motion for summary judgment and grant the district’s motion.

Background

T.M. is an eleven-year-old student diagnosed with autism, global apraxia, and an intellectual disability.1 His disabilities severely impact his ability to speak, learn, perform activities of daily living, and establish and maintain relationships.2 The [798]*798district agrees he is eligible for special education services under the IDEA and is entitled to protection under Section 504 of the Rehabilitation Act.

Since kindergarten, T.M. has needed specially designed instruction and has been enrolled in autistic support classes provided by the Bucks County Intermediate Unit.3 T.M.’s daily educational programming is provided by certified special education teachers, occupational and speech therapists, and special education aides. The district reevaluates T.M.’s abilities and progress annually. The team responsible for his individualized education program (IEP) consists of the district’s board-certified behavior analyst, the school psychologist, the special education supervisor, the curriculum consultant, and the parents.4

In preparation for T.M.’s fourth grade, the parents met with the IEP team to develop an IEP in May 2014.5 The resulting IEP included a review of T.M.’s progress from the previous school year and detailed his current levels of academic achievement and functional performance.6 It established baseline data upon which T.M.’s special education team relied to measure his progress and development. To address the skill areas needing improvement, the 2014-2015 IEP outlined annual goals and plans for specially designed instruction.

As noted in a progress report in June 2014, T.M. demonstrated improvement in several areas, including math, reading, listening, speech intelligibility, copying letters, and typing.7 Four months later in October 2014, the district conducted a reevaluation. T.M. scored within the below-average range on several tests measuring his overall general ability, letter and word recognition, math concepts and application, and reading, listening, and oral discourse comprehension.8 The behavioral analyst documented consistent success in T.M.’s behavior, and the psychologist noted improvements in his attention and focus.9

In January 2015, the parents’ independent evaluator, Amy McGinnis, a behavioral analyst and occupational therapist, performed two assessments to evaluate T.M.’s verbal behavior and sensory processing.10 McGinnis then called for a complete overhaul of the IEP. In her opinion, the IEP did not include the necessary detail, to effectively measure T.M.’s progress. She also recommended that T.M. receive twenty hours weekly of direct, one-on-one ABA programming provided by a personal care [799]*799assistant.11

At the meeting to develop T.M.’s IEP for the 2015-2016 school year, the IEP team discussed McGinnis’s recommendations. After considering her assessments, the lEP team agreed to adopt and modify some of McGinnis’s goals, including many related to verbal behavior. The team rejected her recommendation for twenty hours of one-on-one programming per week. The IEP team agreed to reevaluate T.M.’s progress later and reconsider McGinnis’s recommendations.12

The parents requested a due process hearing in September 2015, complaining that the district failed to educate T.M. in compliance with the IDEA for the 2014-2015 and 2015-2016 school years. After a four-day hearing conducted over the course of several months, the hearing officer found that for both school years, the district provided T.M. with a free appropriate public education in compliance with the IDEA, Section 504, and the ADA.13 He found that the district’s staff members were more credible than McGinnis.' He concluded that the district’s plan provided T.M. with the opportunity to achieve meaningful educational progress.

On appeal, the parents contend that the district failed to provide T.M. with appropriate instruction, specifically a “scientifically based instruction”—one based on ABA principles and curriculum.14 The district’s failure, according to the parents, is twofold. First, the district did not use the assessment tools necessary to identify T.M.’s educational needs. Second, because it did not properly supervise the program, it failed to deliver an appropriate ABA program. As a result, the parents argue, T.M. did not make meaningful progress.

The district counters that the administrative record, including McGinnis’s own testimony, establishes that T.M. made meaningful progress. It argues that the IEP team applied objective standards in evaluating T.M.’s progress and implementing an appropriate ABA program. The district contends that McGinnis’s recommendations amount to a subjective interpretation of those standards.

The parties agree that T.M. needs an ABA educational program which requires a significant level of repetition and practice. The dispute revolves around what is an appropriate ABA program for T.M. and how to implement it.

IDEA Standard of Review

The district court conducts a “modified de novo” review of the- hearing officer’s decision. D.S. v. Bayonne Bd. of Educ.,

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251 F. Supp. 3d 792, 2017 WL 1406581, 2017 U.S. Dist. LEXIS 60187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tm-v-quakertown-community-school-district-paed-2017.