After 12 days of trial involving the testimony of 14 witnesses, including a recognized autism expert, an impartial hearing officer held in one of our pro bono matters that the NYC DOE “grossly” failed to properly educate a 10-year-old boy with autism. The IHO awarded the parent reimbursement and “prospective funding” for the annual tuition at The Rebecca School as well as a sizeable “compensatory education” award for the DOE’s gross failure to educate appropriately, of 20 hours per week of ABA and other related services, that the student can access for a period of 24 months. The IHO concluded that the evidence showed a two year FAPE deprivation, and that the student, “R.G.,” was not making meaningful progress in the DOE’s “District 75″ program.
The outcome represents significant relief for R.G.’s mother, a single parent with an extremely modest income. R.G.’s mother had complained over time to multiple staff at R.G.’s public school that R.G. was not making meaningful progress. In response, R.G.’s school refused to make any adjustments or offer any additional services. At the end of her rope, R.G.’s mother paid for a private evaluation and hired an autism expert (a Board Certified Behavior Analyst) to observe R.G. in his District 75 public school placement. The DOE, however, then ignored the recommendations of R.G.’s expert. After giving the DOE written notice, R.G’s mother then placed R.G. at The Rebecca School.
The IHO went beyond merely finding that the DOE’s program for R.G. was deficient. The IHO also found that the DOE intentionally withheld and concealed information about R.G’s speech abilities that it had a duty to disclose to R.G.’s mother.
The result in R.G. shows how valuable the “compensatory education” and “prospective funding” remedy can be for a parent without adequate financial resources. It also underscores how vigilant parents need to be to intentional concealment situations.