In the case of Lucy's future education, as of yet there are multiple elements of I.D.E.A that have not been satisfied, and there is no doubt in my mind that through due process there is a lot more that could be done to give Lucy what she needs to succeed.
Coming from a school where Lucy received multiple services, it has been observed that Lucy benefits from technology in the classroom (Ipad, and speech generators), and without these devices she has much more difficulty communicating. Along with technology integration, Lucy is receiving an altered fourth grade curriculum that is modified for her abilities and skill set, as well as individual modifications including course notes, test assistance, vocabulary tutoring. Lucy has had proven success and improvement from this combination of services.
As she is transferring to a new district, the question truly at hand is whether Lucy's education should be compromised by being put into a softer focused, segregated, and generalized classroom, or if she should have her specific challenges met and supported with aids and services. I believe that legally, the answer is the latter.
The first red flag that presented itself, as outlined by the question text, is that there was no independent, non discriminatory evaluation done of Lucy's abilities and potential need for services. This is outlined as special education, and the need for there to be individualized instruction and educational planning. Without an evaluation, there is no legal way for the school to deny services. It needs to be found that the need for aid is not present before there can be any denial of services. That being said, because there was no effort put through on the new school district’s part to independently evaluate, one is lead to assume that Lucy's successful performance with the supports and aids from her last educational year would accurately display the need present. With this in mind, Lucy showed considerable improvement with these assists in place, and because there is proof for need, the school as outlined by I.D.E.A is required to provide the technology. Under Subpart B of the 2004 I.D.E.A regulations it is stated, “Each public agency must ensure that assistive technology devices or assistive technology services, or both, as those terms are defined in §§300.5 and 300.6, respectively, are made available to a child with a disability if required as a part of the child’s-- (1) Special education under §300.36; (2) Related services under §300.34; or (3) Supplementary aids and services under §§300.38 and 300.114(a)(2)(ii).”
If Lucy were truly being set up to receive free appropriate public education, Lucy's parents request would be satiated by the school at no cost to them. Merely being in a classroom is not an appropriate education. An appropriate education includes the services adjacent to her...