What is your legal analysis and opinion as to whether reimbursement for the private speech therapy should be awarded. A.B. is fourteen years old and has autism.

4. In the following factual scenario, what are the key facts and legal principles that support the parents and that support the school district. It is important to identify the positions for both the parent and the school. All parties agree that he requires related services in order to learn. He receives special education from the school district. His IEP provides for speech/language therapy as a related service. A.B. is working on basic concepts such as behind, in, on, and under, and answering the who, what, when, where and why questions. Although he is cooperative, A.B. finds such learning difficult because he has a short attention span and gets frustrated. The school district provided A.B. with direct speech/language therapy from a licensed speech therapist until the beginning of this school year. The school district changed its policy to provide that all speech therapy will be provided through the consultative model. The school district changed the speech/language therapy for A.B. to the consultative model to comply with the district policy, and told the parents that this type of change does not require a new IEP. A.B. no longer receives direct speech/language therapy from a speech therapist. Instead, a speech therapist comes once a month to train A.B.’s teacher in how to integrate speech therapy with A.B.’s education. Although the therapist may interact with A.B. in demonstrating to the teacher the correct approach, he or she does not provide any therapy to A.B. directly, but uses such interaction to teach the teacher. The parents do not object to the consultative method per se, but argue that, to meet A.B.’s individual needs, the consultative method must be supplemented by direct speech therapy. The parents believe that direct speech therapy from a licensed speech therapist has significantly expanded A.B.’s language capacities. In the summer, A.B. received four weeks of intensive speech therapy from a licensed private speech therapist. According to A.B.’s parents, this brief treatment produced dramatic improvements in A.B.’s language capabilities. The private speech therapist recommended that A.B. receive one to two hours a week of direct speech therapy. Because the school district was unwilling to provide direct speech therapy as part of A.B.’s special education program, the parents hired a licensed speech therapist to work with A.B. at home twice a week. The parents acknowledge that the school program has benefited A.B. to some degree, but argue that his educational program is not appropriate because it is not individually tailored to his specific needs, as the IDEA requires.
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