that Ryan was clearly making progress because of the speech and language services Ms. Kelly was providing to him.
Ryan’s English Language Arts teacher, Ms. Chiesa, also testified that Ryan was making progress in her class. Ms. Chiesa testified that the class is co-taught with Ms. Koch, a special education teacher, or Ms. Koch’s aide. Ms. Koch would walk throughout the class and provide guidance and assistance to those students who were receiving special education services pursuant to an IEP. Ms. Chiesa testified that Ryan was an active participant in her class. He would raise his hand to answer questions and volunteer to read out loud. Over the course of the academic year, Ryan became more consistent with completing his homework assignments. During the final quarter of school, Ms. Chiesa testified that Ryan only missed one homework assignment.
Based on the scores that Ryan received on tests and quizzes, Ms. Chiesa testified that she was able to determine that Ryan was in fact comprehending the material he read. Her tests and quizzes included both open response questions and multiple choice questions so Ryan’s grades would be reflective of his true ability level, not inflated. Ms. Chiesa testified that Ryan received grades of C to B-. Finally, Ms. Chiesa testified that from the start of the school year to the end of the school year, she noticed improvement in Ryan’s writing abilities. Ms. Chiesa testified that she saw improvement in Ryan’s organization, his ability to develop topic sentences and his use of detail in his written work.
Ms. Koch, Ryan’s special education teacher, also testified that Ryan was making progress. She testified that Ryan was able to decode most words when he was reading out loud in class. She further testified that Ryan consistently raised his hand to volunteer to read out loud and act out the readings. Ms. Koch co-taught Ryan in English Language Arts class and served as Ryan’s main teacher for his assisted study support class. This class met two times per week. Ms. Koch testified that Ryan was able to use the writing strategies from the support class to complete his writing assignments in his regular education classes. Ms. Koch further testified that Ryan’s ability to use these strategies increased throughout the year. According to Ms Koch, his writing ability also improved.
Based on Ryan’s performance on the written assignments he was given about the material he read, Ms. Koch also found that Ryan was able to comprehend the material he reads. Ms. Koch testified, however, that Ryan was not always able to comprehend everything that he read. Furthermore, based upon her work with Ryan, Ms. Koch testified that Ryan’s reading comprehension skills were probably at a 6th grade level.
As discussed above, the parents have the burden to show that the proposed IEP would not provide Ryan with a FAPE. The parents argue that the follow-up neuropsychological testing conducted by Dr. Seligsohn shows that Ryan has not made progress and that his test scores have decreased. The parents also rely