Thursday, November 19, 2009

Texas Transition Plan was Designed to Provide FAPE

In K.C. b/n/f M.S. and W.C. v. Mansfield Independent School District, 52 IDELR 103, 618 F. Supp. 2d 568 (N.D. Texas 2009), the court held a transition plan was reasonably calculated to provide FAPE as it reflected the student's skills and interests, and included a series of practical goals that would help the student transition upon graduation. Subsequently, the district held no obligation to pay for the student's placement in a music academy for students with cognitive disabilities. The plaintiffs alleged the district disregarded a teenager's interest in music when developing her transition plan. The court determined the transition plan reflected the student's strong interests in fashion and child care and was reasonably calculated to help her meet her post-secondary goals based on the results of an occupational assessment provided by the district which indicated the student had both a high skill level and interest in the area of fashion, child care, and child development. The assessment also revealed a high interest in the performing arts but the skill score was "very low". Considering the results of the assessment, the IEP team developed a transition plan indicating the student would work in a clothing store and as a classroom aide in an elementary school music class. The student was dissatisfied with placement in the music class which was subsequently discontinued the following year so the district added one-on-one music instruction to the IEP. The court concluded the transition plan was based on an Occupational Assessment and was reasonably calculated to provide FAPE.

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