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Teen finally gets necessary behavioral services

Most of the names in these stories have been changed to protect privacy.

At age 13, Jordan Widmayer has a long history of severe behavior problems. He has special education services under the category of Emotional Disturbance (ED). His history of poor social skills, and of social, emotional and behavioral concerns is well documented.

Despite Jordan’s history, in 2002 the school district pulled him out of special education to assess his needs. But Jordan’s behavior and discipline problems at school continued.

The district’s action violated the Individuals with Disabilities in Education Act (IDEA) and the California Education Code. It failed to provide Jordan with a free appropriate public education (FAPE), by:

  • Failing to meet its Child Find responsibility (under IDEA) to seek out children in need of special education services and assess them for eligibility;
  • Placing Jordan in an interim alternative educational placement for behavior that did not meet any of the three criteria necessary to justify that type of placement;
  • Failing to develop a behavior intervention plan (BIP); and
  • Excluding Jordan from school without written notice.

Jordan wanted to attend a public school with appropriate behavior services. He asked for a functional analysis assessment (FAA) and a BIP, a comprehensive psychological assessment, and counseling.

In August 2007, attorneys and advocates with the Los Angeles office filed a complaint for due process. In November, Jordan, his advocates and attorneys, and the school district reached an interim settlement agreement. That agreement included:

  • Placement in a special day class at another middle school; and
  • Weekly mental health counseling at school.

An independent assessor conducted an FAA in February 2008. During an IEP meeting, the school district offered Jordan placement in a non-public school. Jordan accepted.

In March 2008, staff from the Los Angeles office helped Jordan and the school district agree on a final settlement. Under that settlement:

  • An independent assessor will develop a BIP;
  • Jordan will have a speech and language assessment;
  • Jordan will have 60 hours of individual/family counseling;
  • The due process case will be dismissed; and
  • The school district will pay attorneys’ fees.

Jordan now attends a non-public school where he has regular counseling. He has also begun individual therapy with a doctor.