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Before the State Superintendent of Public Instruction

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Before the State Superintendent of Public Instruction BEFORE THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION IN THE MATTER OF the FINAL ORDER Education of S.P. Case No. DP 98-147 Ref. No. 84009 And Salem-Keizer School District DATE OF HEARING REQUEST: November 23, 1998 DATE OF HEARING: February 8-10, 12, 16, 1999 DATE OF ORDER: JUNE 14, 1999 DELAY/REASON: The record closed on May 24, 1999 after the parties received copies of the transcript and submitted written closing arguments. PLACE OF HEARING: Salem, Oregon HEARING OFFICER: Betty Smith PARENT’S REPRESENTATIVE: C. S-D (the parent) DISTRICT’S REPRESENTATIVE: Paul Dakopolos (attorney) WITNESSES: David Bagby Director of Student Support,Chehalis- Centralia (Washington) Co-operative Linda Bonnem Special Education Coordinator, Salem-Keizer School District Carrie Brown Counselor, McNary High School Sandra Gruhn Education Specialist, Oregon Department of Education Robert Lee Supervisor, Curriculum and Instruction, Salem-Keizer School District Stephen Lewis Special Education Coordinator, Salem- Keizer School District Dr. Reynaldo Mayoral Principal, McKay High School Lynda McCarthy Special Education Coordinator, Salem- Keizer School District Patti McVay Supervisor (of programs for children with disabilities), Multnomah ESD Reid Noel Teacher, Developmental Learning Center, Community Transition Program, Chemeketa Community College S. P. Student Kathy Rankin Teacher, Learning Resource Center, McNary High School Karen Robinson Assistant Principal, McNary High School C. S-D Parent Dr. Linda Smith Principal, W. F. West High School, Washington Dr. Lowell Smith School Psychologist, Salem-Keizer School FINAL ORDER in the Education of S.P. Page 3 District Carol Tower Teacher, McKay High School Carol Works Teacher, McNary High School OBSERVER (during testimony of Ms. Gruhn): Suzy Harris, Legal Specialist, Oregon Department of Education OBSERVER (representative of school district): Ruth Daniels, Director of Student Services, Salem-Keizer School District ISSUES: 1. Was S.P. offered an appropriate public education in a Salem-Keizer school district high school beginning in Fall 1996? 2. Would an appropriate education for S.P. prepare her to receive a diploma that meets the Oregon Department of Education requirement of 22 prescribed credits? FINDINGS OF FACT: 1. S.P. was born on January 19, 1979 and is now 20 years old. From August 1994 - June 1996 she attended W.F. West High School (West) in Chehalis, Washington. In summer 1996 S.P.’s family moved to Oregon, where S.P. continued her education at McNary High School (McNary) in Salem. Thereafter she attended McKay High School (McKay) in Keizer, Oregon. McNary and McKay are in the Salem-Keizer school district. In or before May 1999, S.P. transferred to another high school in the Dallas school district. 2. S.P. is eligible for special education services on the basis of mental retardation. 3. Dr. Brien Vicek, pediatric neurologist, evaluated S.P. in January 1995. He observed that IQ testing would not always reveal S.P.’s full potential and might have variable results given some of her behavior: at times she displayed anxiety and discomfort in testing situations. Based on records of earlier tests he found S.P.’s IQ was generally in the 45 range. 4. An evaluation of S.P. in May 1995 (when S.P. was 16) by the Chehalis-Centralia Cooperative Student FINAL ORDER in the Education of S.P. Page 4 Support/Special Services Program indicated she was at grade level 2.8 in reading, grade level 1.0 in math and grade level 1.8 in written language. Her abilities were found to lie in the moderately mentally retarded range, and the evaluation includes the comment, “Based on this measure(s) [of adaptive behavior] and the preponderance of information obtained in this evaluation, this student can not function adequately in the regular classroom.” 5. In July 1996, after S.P. enrolled at McNary as a high school junior, she was evaluated again. On the Wexler Adult Intelligence Scale (WAIS-R) test she received a full scale IQ score of 62, indicating that she was probably functioning within the bottom first or second percentile of her same-age peer group. On the Woodcock-Johnson Revised (WJ-R) test her scores indicated she was working at second grade level in reading, kindergarten level in math and first grade level in written language. In testing evaluating S.P.’s adaptive behavior - her ability to function in a social environment - S.P. achieved a score consistent with her IQ of 62, indicating that her social functioning was not at a higher level than one might infer from her IQ alone. 6. Dr. Lowell Smith, Ph.D., has a master’s degree and a doctorate in school psychology. He has been licensed as a school psychologist for approximately 15 years. He has been employed at the Salem- Keizer school district since around 1990. His work typically involves evaluating students, including administering intelligence tests and analyzing the results. 7. Dr. Smith did not anticipate that S.P.’s intelligence was likely to improve with the passage of time. Based on S.P.’s IQ and WJ-R scores, Dr. Smith saw no way S.P. could meaningfully participate in instruction in a regular education classroom at the high school junior level in a math, science, history or other substantive course. He felt that enrolling S.P. in high school classes and requiring that she repeat the classes until she could pass (which had been suggested by the parent) was not a realistic plan. There were some skills S.P. could not reasonably be expected to acquire, and putting her in a position where she was unable to complete the tasks successfully would be stressful and likely to affect her self- esteem. Based upon S.P.’s age and, more significantly, her academic achievement at the time she entered the Salem-Keizer school district, Dr. Smith concluded S.P.’s chances of succeeding in the traditional high school curriculum were “extremely remote.” 8. The Oregon Department of Education (ODE) is required by law to develop a curriculum leading to high school graduation with a diploma. ODE mandates that school districts educate students to achieve at least the 22 credits, in specified subject areas, required for a diploma. Each district school board may determine the curriculum that will lead to a diploma and graduation, but that curriculum must meet (or exceed) state standards. FINAL ORDER in the Education of S.P. Page 5 A credit represents 130 clock hours of study in a particular subject area. Generally a student acquires one credit by taking a class for a year. In the Salem-Keizer school district, depending upon a school’s scheduling policy, a student would typically take six or eight credit classes each day. 9. The Salem-Keizer school district offers three documents signifying completion of high school - the standard diploma, the alternate diploma (only at South Salem High School), and the certificate, or certificate of attainment. 10. To receive a standard diploma students in the Salem-Keizer school district must meet attendance requirements, the ODE requirement of passing at least 22 specified credits with a minimum grade of D, and, by mandate of the school district, also pass tests indicating competence in four areas: reading, speaking, writing and mathematics. The competency tests were designed to require abilities at the sixth grade level. 11. An alternate diploma is an official document of the school district given to a student to designate completion of the minimum alternate diploma requirements of credits, competencies and attendance for graduation. Twenty-two credits are required, many of them in the same academic areas as the standard diploma and at the same academic level. Alternate competence examinations are being designed for students working toward the alternate diploma, which has a vocational emphasis. 12. A certificate is an official document of the Salem-Keizer school district designating (in an accompanying transcript) those requirements of credits, competencies, and attendance completed by a student, which is awarded to a student who has not completed all of the requirements for graduation with a diploma and who has chosen to terminate his/her formal school experience. 13. For each course a school district offers it must keep on file a “planned course statement.” In the courses offered to meet the diploma requirement of 22 credits, the statement must show that the course content meets the essential learning skills and common curriculum goals defined by the State for the different grade levels. 14. It is possible for a school to modify the way education is provided to a particular student to meet the student’s need for accommodation. For example, a student may be allowed to complete 10 problems rather than 20, or have an extension or an incomplete in a course if more time is necessary to do the work. It is not possible for the school district to modify the curriculum goals of a regular, academic high school class to enable a student functioning at the second grade level to get diploma credit for it. To get such credit a student must attain those indicators of success which meet the common curriculum goals by grade level. 15. S.P. was in the eleventh grade in the 1996 - 97 school year. S.P’s first Oregon Individual Education Program (IEP), prepared on September 26, 1996 at McNary, called for three classes which provided FINAL ORDER in the Education of S.P. Page 6 credit toward a diploma (Pottery, Family Meals and Health), two classes in the Learning Resource Center (LRC) (Career Experience and Personal Communication Skills), two additional periods in the LRC, and Adaptive Physical Education. S.P. received a grade of “P” (pass) in each course. Typically a student receives P grades if he or she is working toward a certificate of attainment.
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