Federal Court Rejects Parent's Request for Tuition Reimbursement

In LATHROP R-II SCHOOL DISTRICT, vs. WILLIAM GRAY, by and on behalf of his son
(Case No. 08-6040-CV-SJ-GAF
UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI, ST. JOSEPH DIVISION), the parents of a student with autism were unable to obtain reimbursement for private tuition. Although the first panel found the student's IEPs were deficient due to a lack of baseline data in the development of goals and also stated the district failed to adequately address behavior, a federal district court reversed a lower court's ruling and determined reimbursement was not warranted. As soon as the district learned the student with autism was going to be transferring to their school it enrolled staff members in an autism training program and hired an occupational therapist who had prior experience working with children with autism. After enrollment, the district hired an autism consultant to conduct a functional behavioral assessment and make recommendations while staff members initiated strategies to address the student's behaviors. Over time, the student made progress in the area of speech and language mastering many goals and the team amended his IEP to include a special diet designed to decrease improper sexual and non-sexual behaviors. Furthermore, positive behavioral support strategies were utilized. Although the IEPs did lack starting-point data, the federal district court pointed out that the IDEA requires only "a statement of the present levels of educational performance" and "measurable annual goals and objectives".