For the beginning of the school year 2003-2004, encompassing the time frame from August 20, 2003 to September 23, 2003, the District did not afford the Student with FAPE.
Her access to educational materials in the Room was deminimis and there was no credible evidence of educational benefit during this time frame. Although the six (6) days of suspension
did not constitute a change of placement, coupled with the nine (9) full days the Student spent in the Room, the Student went without any meaningful education on at least fifteen (15) days of the twenty-four (24) attendance days. The District accounts for this partially by asserting that it needed at least a month of collecting data to formulate a meaningful plan. However, the compilation of data garnered during this time period did not appear to constructively address the Student’s behavioral issues, and there was no movement from the District to reconvene the IEP team to address the problems - - many of which had been brewing the year before.
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