Ross Caradonna

The parents of a student with a dual exceptionality (Communication – Learning Disability and Intellectual – Giftedness) alleged that the school board failed to implement the Tribunal's previous orders regarding the student's special education placement and programming.

The Tribunal found that the school board had accepted and implemented four of the five orders, as the student's exceptionality and exemptions were accurately recorded in the Individual Education Plan.

However, the Tribunal noted that the programming and accommodations offered to meet the student's gifted identification did not fully reflect its recommendations.

The Tribunal upheld its previous decision and declined to issue additional orders, urging the parties to focus on the student's best interests.

The parents of a 15-year-old student appealed the school board's decisions regarding the student's special education identification and placement.

The parents sought to have the term 'dyslexia' included in the student's identification of Communication – Learning Disability and Intellectual – Giftedness, and requested a placement of Regular Classroom with Withdrawal Assistance with intensive one-to-one remedial programming.

The school board argued for Regular Class with Resource Support and a focus on compensatory strategies rather than remediation.

The Tribunal granted the appeal, ordering that the identification include 'Dyslexia' and that the placement be Regular Class with Withdrawal Assistance.

However, the Tribunal agreed with the school board's expert witnesses that the student was beyond the developmental stage for intensive remediation and ordered that programming focus on accommodations, compensatory strategies, and enrichment for the student's giftedness.