Valparaiso child with special needs denied free appropriate public education, hearing officer said

Sep. 7—VALPARAISO — An independent hearing officer found that a Valparaiso child with special needs was not provided a free appropriate public education.

Victoria Schwarten filed for due process against Porter County Education Services and Valparaiso Community Schools in April because she felt the individualized education plan (IEP) designed in 2019 for her daughter, now 8 years old, wasn't medically safe.

Her case was heard by a hearing officer in June over a three-day hearing that was open to the public.

Nine distinct issues were raised. But the testimony, documents and other information presented during the hearing led to the conclusion that the student was not provided the free appropriate public education she is entitled to under Indiana's special education law, commonly referred to as Article 7.

When Schwarten heard the decision, she was "overwhelmed with validation and just relief," she said. Not only did this validate her concerns, but she hopes it could help other families not have to work so hard to get services for their children.

Because of the issues with the IEP, Schwarten sent her child to Chesterton Montessori School, a private school, because it allowed a nurse to accompany the child in the classroom.

The hearing officer ordered that PCES and VCS reimburse Schwarten for the costs associated with private school last year and homeschooling the previous year. A total reimbursement of $22,000 was ordered based on a "conservative estimate" of how much funding the public school would have received if the student was enrolled during those two years.

According to its website, PCES serves about 5,000 students across 55 schools. It provides special education services to all school districts in Porter County, including Duneland School Corp., East Porter County School Corp., MSD of Boone Township, Portage Township Schools, Porter Township School Corp., Union Township School Corp. and Valparaiso Community Schools.

Schwarten said she hasn't heard from VCS or PCES since the decision was announced early last week. The executive director of PCES didn't respond for comment, nor did the attorney representing PCES and VCS.

Schwarten first tried to get her daughter services from PCES in 2016 and again in 2019. Based on where they live in the county, Schwarten's daughter would go to Thomas Jefferson Elementary. But she said PCES said her daughter could only have a nurse with her if she went to the Special Education Learning Facility, SELF.

Schwarten wanted her daughter to attend the elementary school she would traditionally attend based on districting and communicated that to the Jefferson principal. No one from the school was present for the case conference meeting regarding the August 2019 IEP and neither was a general education teacher.

Schwarten's daughter was born premature and has multiple respiratory health issues. In addition to asthma, her daughter has bronchopulmonary dysplasia and tracheal dysplasia. She needs close monitoring for her swallowing issues, potential for asthma attacks and falling risk.

"If Student does not have a nurse with her, the risk is Student could die," the hearing decision document said.

Despite the student's necessary health accommodations, the hearing officer found that placing the student in a separate segregated facility, SELF, without "exposure to typical peers" was not providing her with the "least restrictive environment" schools are required to provide students with disabilities.

Placing the student at SELF, rather than at Jefferson, was based on her need for one-to-one nursing and a reduced day, not on her educational, social or emotional needs, the decision said.

Given the facts of the entire case, the decision said not providing the least restrictive environment for the child was a "substantial violation of Article 7... resulting in a denial of a free appropriate public education."

Schwarten plans to keep her daughter at Chesterton Montessori. Even though the decision showed the public school made an error, Schwarten said they haven't done anything to correct it.

When Schwarten started the due process, the ideal scenario was to have her daughter at the public school, but she still has concerns after everything she's gone through.

"I have a really hard time trusting them," she said. "This is my daughter's life."

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