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MEMORANDOM TO: IEP TEAM, COOK CORNER MIDDLE SCHOOL FROM: VERNADETTE GARLAND, PRINCIPAL DATE: May 17,

2012 RE: BILLY J.

I have deliberated over the matter regarding the recommendation for a change in placement for Billy J. and here are my legal findings. First, I would like to preface my decision with reminding the team that our sole responsibility is to provide Billy J. with a free appropriate public education by developing and delivering an individualized education program of special education services that confers meaningful educational benefits. Additionally, we are charged to do this in the least restrictive environment. With this being said, I insist that we do everything within our control to make sure that we are meeting Billys educational, social, and emotional needs and that we have taken all necessary measures before changing his identification. It sounds like Billy J. could benefit from counseling services as a result of teacher reports that he is very moody, sullen, withdrawn, belligerent and aggressive toward smaller classmates. It appears that he has become despondent about school as he frequently complains of an upset stomach and headaches so he can stay home. Because Billy is already identified as a learning disabled student, this service can be written in his IEP as a related services without changing his identification from specific learning disability to emotional disturbance. Additionally, since Billy J.s behavior is impeding his learning and the learning of others, we must incorporate positive behavior interventions and supports into his IEP to address these issues. When making recommendations about changing a childs identification, which may result in movement to a

more restrictive environment, we must be careful that we do not make such recommendations without evidence of behavioral management attempts. While Billy meets the criteria for emotionally disabled, in that he has demonstrated an inability to make educational progress, has unsatisfactory interpersonal relationships with peers and teachers, has unhappiness or depression, and has developed physical symptoms associated with school, I feel this is partly due to his limited cognitive abilities. Do we place a child into a category of emotionally disabled because he has given up on school? The data demonstrates that Billy has never been on grade level and the gap continues to widen as he progresses through our school system. I am fearful that if we do not fervently pursue drastic measures to improve Billys attitude toward school, we will lose him once he reaches age sixteen and can legally quit school. I am also apprehensive about the emotionally disabled label because of the risk of it having an adverse affect on Billys progress. Team, we must not totally rule out the option of changing Billys identification to emotional disabled; however, as educators with the belief that all children can learn, we must take every measure to ensure Billys success. And, we must do this in the least restrictive environment possible.

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