Nashoba R.S. D. BSEA # 13-04997
COMMONWEALTH OF MASSACHUSETTS SPECIAL EDUCATION APPEALS In Re: Nashoba Regional School District BSEA #1304007 DECISION This decision is issued pursuant to the Individuals with Disabilities Education Act (“IDEA”), 20 USC Sec. 1400 et seq., Section 504 of the Rehabilitation Act of 1973 (29 USC Sec. 794); the Massachusetts special education statute or “Chapter 766,” (MGL c. 71B) and the Massachusetts Administrative Procedures Act (MGL c. 30A), as well as the regulations promulgated under these statutes. On December 10, 2012 Parents filed a hearing request with the Bureau of Special Education Appeals (BSEA) alleging that the Nashoba Regional School District (Nashoba, NRSD, or School) was failing to provide the Student with a free, appropriate public education (FAPE). Specifically, Parents alleged that the Nashoba’s Links program, which comprises a substantially separate classroom plus supported inclusion in general education classes, could not provide the Student with the intensive ABA-infused and language-based program that Student needs to make effective academic, social or behavioral progress. In their original hearing request, Parents sought an order from the BSEA directing Nashoba to fund Student’s prospective placement at a private special education school, Realizing Children’s Strengths (RCS) in Natick, MA. The School responds that Student has made significant progress in Nashoba’s program, and that RCS would be far too restrictive for Student. The parties requested and were granted several postponements of the hearing date for good cause. On January 31, 2013, the original IEP at issue, which had covered the period from approximately January 2012 – January 2013, expired, and, shortly thereafter, NRSD issued a successor IEP covering the period from approximately February 2013 through January 2014, including the summer of 2013.
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