Complaint Investigation Report

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Complaint Investigation Report

Parents v. Cape Elizabeth
June 28, 2011

Complaint #11.079C

Complaint Investigator: Jonathan Braff, Esq.
I. Identifying Information
Complainants: Father & Mother


Respondent: Kenneth Murphy, Superintendent

320 Ocean House Rd.

Cape Elizabeth, ME 04107
Special Services Director: Dominic DePatsy
Student: Student

DOB: xx/xx/xxxx
II. Summary of Complaint Investigation Activities
The Department of Education received this complaint on April 20, 2011. The Complaint

Investigator was appointed on April 21, 2011 and issued a draft allegations report on April 25,

2011, amended on April 27, 2011. The Complaint Investigator conducted a complaint

investigation meeting on May 20, 2011 (rescheduled from the original date of May 9, 2011 at the Respondent’s request). On May 26, 2011, the Complaint Investigator received a 9-page memorandum, 233 pages of documents and an audio recording from the Complainant, and received a 14-page memorandum and 694 pages of documents from the Cape Elizabeth School Department (the “District”) on May 31, 2011. Interviews were conducted with the following: Dominic DePatsy, director of instructional supports; Troy Henninger, assistant

principal for the District; Ben Raymond, teacher for the District; Rob Thompson, instructional strategist for the District; Erin Cavallaro, teacher for the District; the Student’s father; and the Student’s mother.
III. Preliminary Statement
The Student is xx years old and is currently receiving special education under the eligibility criterion Other Health Impairment. This complaint was filed by the father and mother (the

Parents”), the Student’s parents, alleging violations of the Maine Unified Special Education

Regulations (MUSER), Chapter 101, as set forth below.
IV. Allegations
1. Failure to identify the Student as a child who may require special education and related services and refer him to an IEP Team to determine his eligibility during the period from April 20, 2009 through December 2009 in violation of MUSER

§§IV.2.A and D;

2. Failure to conduct sufficiently comprehensive testing when performing an

evaluation by not addressing the Student’s reading speed in violation of MUSER


3. Failure to adequately consider the neuropsychological evaluation provided by the parents of the Student in violation of MUSER §V.3.A(1)(a);

4. Failure to provide special education, related services and supplementary aids and services, including services to address the Student’s deficits in reading speed, as

well as organizational and executive functioning skills, sufficient to enable the student to advance appropriately toward attaining his annual goals and to make

progress in the general education curriculum in violation of MUSER


5. Failure to appropriately revise the IEP to address a lack of expected progress toward the Student’s annual goals in violation of MUSER §VI.2.J(5);

6. Failure to fully and adequately implement the Student’s IEP with respect to provision of individualized instruction in violation of MUSER §IX.3.B(3);

7. Failure to fully and adequately implement the Student’s IEP with respect to provision of accommodations, including additional time for testing, audio books

and Dragon Naturally Speaking training, in violation of MUSER §IX.3.B(3);

8. Failure to fully and adequately implement the Student’s IEP with respect to

provision of weekly updates by the Student’s teachers and case manager in violation of MUSER §IX.3.B(3);

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