25; and approximately 1 ½ days of oral testimony. Oral closing arguments were heard following the close of the testimony on July 28, 2010 and the record closed on that date.
Ryan is a 13 year old student who will be entering 8th grade at the Andrews Middle School in the fall of 2010. Ryan was initially diagnosed with a tic disorder when he was in first grade. Ryan was seen and followed by Dr. Krishanmoorthy at Boston Childrens’ Hospital. Dr. Krishanmoorthy subsequently diagnosed Ryan with Tourette’s Syndrome at age 10. Presently, Ryan’s tics are well controlled with the use of medication. Ryan also exhibits distractibility and difficulties sustaining attention due to the Tourette’s Syndrome. (Exhibits P-1, 4, 6, 11, S-3, 7, 9, 11, 12, 13, 14, 15, 16 and 17 and testimony of Ryan’s mother)
Ryan’s mother requested a TEAM evaluation when Ryan was in 3rd grade because she was concerned about whether Ryan was performing at grade level. The evaluation found that Ryan was an average student and no further action was taken at that time. (Testimony of Ryan’s mother)
When Ryan entered 6th grade his mother noticed him struggling academically. She was concerned that Ryan was not realizing his full academic potential, particularly in the areas of vocabulary, written expression and reading. He was also exhibiting “meltdowns” at home. Ryan’s mother spoke with Dr. Geller, Ryan’s treating psychiatrist.2. Dr. Geller referred Ryan to Mimi Castelo, Ph.D. for a neuropsychological evaluation at Massachusetts General Hospital (“MGH”). (Testimony of Ryan’s mother)
On October 21, 2008, Ryan was evaluated by Dr. Castelo. Dr. Castelo’s findings suggested the presence of a language based learning disability. Ryan also manifested attention and executive function weaknesses that were consistent with Tourette’s Syndrome. (Exhibit P-6)
After receiving Dr. Castelo’s report, Ryan’s mother asked Medford to conduct an evaluation for special education services. The evaluation was conducted in January of 2009. As a result of this evaluation, Ryan was found eligible for special education services and an IEP was developed at that time. (Exhibits S-7, 8, 9, 11, 13 and P-3, 4, 5 and testimony of Ryan’s mother)
The initial IEP was dated from February 2, 2009 to February 1, 2010. It was accepted in full by the parents. Ryan was placed in a full inclusion program and
2 Dr. Geller specializes in Tourette’s Syndrome and has been seeing Ryan consistently since Ryan was diagnosed with Tourette’s Syndrome.