On Tuesdays we like to highlight the Toolbox Training—a one day program designed to help you serve students with disabilities who present challenging behaviors. One of the ten “tools” we work on in the Toolbox is Tool #3—moving a student to a more restrictive environment (MRE) even when the parent objects.  This is a Tool that must be used with discretion.  Among other things, you have to be sure that the MRE is properly staffed with a qualified teacher.

In a case from Tennessee, the district proposed moving a student to an MRE where he would receive services from a teacher who held a special education certificate in behavior management. That sounds good. It was behavior that was driving the decision to move the student.  However, the teacher went on maternity leave. The sub did not have a certificate in behavior management. In fact, the sub did not have any special education certification.

Whoops.  This mistake was costly to the district.  Finding that the school’s proposed placement would not deliver a Free Appropriate Public Education (FAPE), the court ordered the district to reimburse the parents for an out-of-state residential placement.

The case is S.B. ex rel N.J.B. v. Murfreesboro City Schools.  It was decided by the federal court for the Middle District of Tennessee on March 11, 2016. We found it at 67 IDELR 117 (M.D. Tenn. 2016).

DAWG BONE: PROPER CERTIFICATION IS PRETTY IMPORTANT!

File this one under: SPECIAL EDUCATION DISCIPLINE