Norris School District Failed Autistic Kindergartner on Behavior, Speech, and COVID Services

A seven-year-old student with autism and speech-language disabilities attended Norris School District beginning in kindergarten, where the district failed to implement his IEP, delayed a required behavioral assessment by nearly a year, and provided no meaningful services during the COVID-19 school closure. The ALJ found the district denied the student a free appropriate public education on multiple grounds, including failing to offer behavior goals, a behavior intervention plan, or occupational therapy services for over a year. The district was ordered to fund 195 hours of compensatory services across speech therapy, academic tutoring, behavior intervention, parent training, and occupational therapy.

What Happened

Student was a seven-year-old boy with autism and speech-language disabilities who enrolled in Norris School District's kindergarten in August 2018 with no prior formal school experience. From the very first weeks of school, Student frequently refused to do academic work, ran away from the classroom (called "elopement"), and sometimes had to be picked up early by Parents because his behaviors were so disruptive. Despite these obvious and serious challenges, the district waited three months before holding an initial IEP meeting, and then repeatedly failed to deliver the services it promised.

Parents actively advocated for their son throughout his kindergarten and first-grade years. They requested a behavioral assessment in December 2018, asked for a one-on-one aide trained in Applied Behavioral Analysis, and raised ongoing concerns about Student's lack of progress. The district delayed the behavioral assessment for nearly a year, never implemented the full amount of speech therapy or specialized academic instruction required by Student's IEP, and — when schools closed for COVID-19 in March 2020 — provided no direct instruction or therapy services of any kind, only sending home paper packets and worksheets.

What the District Did Wrong

Failure to implement the IEP: From the day Parents signed the initial IEP in November 2018 through May 2020, the district never delivered the full amount of speech therapy or specialized academic instruction required. Student was kept on a shortened school day well past the agreed return-to-full-day date, costing him approximately 52 hours of classroom instruction. The district's excuse — that Student refused to cooperate — did not justify providing significantly fewer services than the IEP required.

Delaying the behavioral assessment: Parents asked for a functional behavioral assessment in December 2018. The district said no, claiming Student just needed time to adjust to kindergarten. It did not conduct the assessment until October 2019 — nearly a full school year later. The ALJ found this delay was a FAPE denial because the district had more than enough information about Student's serious behavioral challenges to require action much sooner. Without an assessment, there was no behavior intervention plan and no behavior goals, leaving Student without the behavioral support he needed.

Missing goals and services: For the entire period from November 2018 to January 2020, the district's IEPs contained no specific goals in academics, social skills, pragmatics, executive functioning, or behavior. The district also failed to offer occupational therapy services or goals until January 2020, despite evidence of Student's sensory needs.

COVID-19 school closure failures: When schools closed in March 2020, the district sent home paper packets but provided no direct instruction — no virtual teaching sessions, no live speech therapy, no coordinated plan. The ALJ found the district was still legally required to deliver services, even during a pandemic, and should have worked with Parents to find alternative delivery methods. The district also failed to send Parents a written notice specific to Student explaining how his IEP services would be modified, and never held an IEP meeting to plan alternate delivery — which significantly cut Parents out of the decision-making process.

What Was Ordered

Norris shall fund 40 hours of compensatory speech therapy by a certified non-public agency of Parents' choosing.
Norris shall fund 77 hours of academic tutoring by a certified non-public agency of Parents' choosing.
Norris shall fund 49 hours of one-on-one behavior intervention services and 5 hours of parent training in Applied Behavioral Analysis, by a certified non-public agency of Parents' choosing.
Norris shall fund 10 hours of consultation by a Board Certified Behavior Analyst with Student's classroom teacher and service providers.
Norris shall fund 19 hours of occupational therapy by a certified non-public agency of Parents' choosing.
All compensatory hours must be made available through June 30, 2022; unused hours after that date are forfeited.
Norris shall convene an IEP meeting within 15 business days to develop an appropriate distance learning plan for Student.
Norris may implement its January 22, 2020 IEP without parental consent, and that IEP serves as Student's "stay put" placement.

Why This Matters for Parents

A district cannot use a child's refusal behaviors as an excuse to skip services. The law requires districts to implement IEPs even when a student is difficult to serve. If your child's refusal or elopement means they are missing speech therapy or academic instruction, document it in writing and demand an IEP meeting to problem-solve — because the district remains legally responsible for providing those services.
Request a functional behavioral assessment in writing as early as possible. In this case, Parents asked for a behavioral assessment in December 2018 and were told to wait. The ALJ found that delay was itself a FAPE denial. If your child has significant behavioral challenges from the start of school, put your assessment request in writing immediately — the district is required to either assess or provide a written explanation of why it is refusing.
During school closures or emergencies, districts must still provide special education services. The COVID-19 closure did not eliminate the district's obligations under the IEP. If your child's school stops providing services during any kind of closure, you can request in writing that the district explain how it will deliver IEP services through alternative means, and you can request an IEP meeting to develop a plan.
Parents must consent in writing before a district can reduce IEP services. In this case, the district kept Student on a shortened school day long after the agreed end date, without getting written parental consent to change the IEP. Any reduction in services — even a temporary one — requires either written parental consent or a formal IEP amendment. Never accept verbal assurances; insist on written documentation.

What Happened

What the District Did Wrong

What Was Ordered

Norris shall fund 40 hours of compensatory speech therapy by a certified non-public agency of Parents' choosing.
Norris shall fund 77 hours of academic tutoring by a certified non-public agency of Parents' choosing.
Norris shall fund 49 hours of one-on-one behavior intervention services and 5 hours of parent training in Applied Behavioral Analysis, by a certified non-public agency of Parents' choosing.
Norris shall fund 10 hours of consultation by a Board Certified Behavior Analyst with Student's classroom teacher and service providers.
Norris shall fund 19 hours of occupational therapy by a certified non-public agency of Parents' choosing.
All compensatory hours must be made available through June 30, 2022; unused hours after that date are forfeited.
Norris shall convene an IEP meeting within 15 business days to develop an appropriate distance learning plan for Student.
Norris may implement its January 22, 2020 IEP without parental consent, and that IEP serves as Student's "stay put" placement.

Why This Matters for Parents

A district cannot use a child's refusal behaviors as an excuse to skip services. The law requires districts to implement IEPs even when a student is difficult to serve. If your child's refusal or elopement means they are missing speech therapy or academic instruction, document it in writing and demand an IEP meeting to problem-solve — because the district remains legally responsible for providing those services.
Request a functional behavioral assessment in writing as early as possible. In this case, Parents asked for a behavioral assessment in December 2018 and were told to wait. The ALJ found that delay was itself a FAPE denial. If your child has significant behavioral challenges from the start of school, put your assessment request in writing immediately — the district is required to either assess or provide a written explanation of why it is refusing.
During school closures or emergencies, districts must still provide special education services. The COVID-19 closure did not eliminate the district's obligations under the IEP. If your child's school stops providing services during any kind of closure, you can request in writing that the district explain how it will deliver IEP services through alternative means, and you can request an IEP meeting to develop a plan.
Parents must consent in writing before a district can reduce IEP services. In this case, the district kept Student on a shortened school day long after the agreed end date, without getting written parental consent to change the IEP. Any reduction in services — even a temporary one — requires either written parental consent or a formal IEP amendment. Never accept verbal assurances; insist on written documentation.