westford p. s. b s e a#10-6872（韦斯特福德p s b s e # 10 - 6872）.docVIP

COMMONWEALTH OF MASSACHUSETTS BUREAU OF SPECIAL EDUCATION APPEALS In Re: Westford Public Schools BSEA #10-6872 DECISION This decision is issued pursuant to the Individuals with Disabilities Education Act (20 USC 1400 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 USC 794), the state special education law (MGL c. 71B), the state Administrative Procedure Act (MGL c.30A) and the regulations promulgated under these statutes. A Hearing was held on June 25, 2010 in Westford, MA before Ann F. Scannell, Hearing Officer. Those present for all or part of the Hearing were: Owen’s Mother Owen’s Father Abigail Verre BCBA, Westford Public Schools Jennifer Wolf Psychologist, Westford Public Schools Dianna Fulreader Adjustment Counselor, Westford Public Schools Peter Cohen Principal, Westford Public Schools Lin Westberg Guidance Counselor, Westford Public Schools Margaret Rich Special Educator, Westford Public Schools Kathryn Garcia TEAM Chairperson, Westford Public Schools Diane Pelletier Director of Pupil Services, Westford Public Schools Chris Stanvik Assistant Principal, Westford Public Schools Bruce Holstein, M.D. Psychiatrist Lillian Wong Attorney for the parents Thomas Nuttall Attorney for Westford Public Schools The official record of the Hearing consists of documents submitted by the parents and marked as Exhibits P-1 through P-19, P-23 through P-34 and P-37; a document submitted by Westford Public Schools and marked as Exhibit S-1, and approximately one day of oral testimony. Oral closing arguments were heard following the close of the testimony on June 25, 2010 and the record closed on that date. INTRODUCTION Owen is a 13 year old student in the 7th grade at the Stony Brook Middle School in Westford. Owen has been diagnosed with selective mutism and social phobia or social anxiety. Since 2006, Owen was receiving accommodations pursuant to a 504 Plan. In January 2010, he was found eligible for spec