Social Justice Warrior Starr Fails to Provide FAPE to Homeless Student with Disabilities
January 2, 2013
Excerpts from the decision:
Based on the Findings of Facts #1, #2, #4, and #5, the MSDE finds that the MCPS has not ensured that the student has been provided with the special education and related services required by the IEP. In addition, based on the Findings of Facts #3 and #4, the MSDE finds that,
while the MCPS is beginning to provide educational services to the students placed by the DJS at the XXXX, there is no documentation that students are being provided with the special education and related services required by the IEP. Therefore, the MSDE finds that violations occurred with respect to this aspect of the allegation.
Based on the Findings of Facts #1, #3, and #5, the MSDE further finds that this student, who is
identified as a student with a disability under the IDEA, also meets the definition of a homeless
student, in accordance with the COMAR. Based on the Findings of Facts #2, #4, and #5, the MSDE finds that the MCPS did not ensure that he was provided with the protections afforded to homeless students in State-supervised care. Therefore, the MSDE also finds that a violation occurred with respect to this aspect of the allegation.
CORRECTIVE ACTIONS/TIMELINES:
The MSDE requires the MCPS to provide documentation by March 1, 2013 that the steps described below have been taken.
a. Students placed in State-supervised care at the XXXX are provided with a FAPE, in accordance with 34 CFR §§300.101, .111, .323, Md. Code Ann., Educ. §4-122, COMAR 13A.05.02.13 and 13A.08.07.03 and .04.
b. Students placed in State-supervised care who are homeless are provided with a FAPE, in accordance with 34 CFR §§300.101, .111, .323, Md. Code Ann., Educ. §4-122, COMAR 13A.05.02.13 and 13A.05.09.
Upon receipt of this documentation, the MSDE will re-verify the data to ensure continued compliance with the regulatory requirements, consistent with the requirements of The United States Department of Education, Office of Special Education Programs/OSEP. In addition, the findings in the Letter of Findings will be shared with the MSDE’s Office of Quality Assurance and Monitoring
for Continuous Improvement for its consideration during present and/or future monitoring of the MCPS.
Documentation of all corrective action taken is to be submitted to this office to: Attention: Chief, Family Support and Dispute Resolution Branch, Division of Special Education/Early Intervention Services, MSDE.
And by the way....here's another instance where MCPS failed to provide FAPE to a homeless student with disabilities: http://www.marylandpublicschools.org/NR/rdonlyres/BA281FE0-7F41-4640-852A-99B951382FF8/35256/13019MCPSDJS1.pdf
ReplyDeleteMCPS credibility with planning for children with disabilities has been steadily deteriorating. To cover up the issues, MCPS has hired outside attorneys to blame the parents. Positive change is needed.
ReplyDelete