For purposes of the 2002-2003 school year, after assessing Bobby's level of functioning as being somewhere between 6 and 24 months across a variety of domains, the school district decided that as of September, 2002, Bobby should start attending kindergarten on a full-time basis, five days a week, and that while there should be a continuation of "verbal behavior" type ABA interventions in school, the home-based ABA component should come to an end. The school district also decided to look for a different classroom aide. Noted experts in the field of autism, including James Mulick, Ph.D. and Carl Sundberg, Ph.D, concluded that such a move would be both premature and inappropriate because (a) Bobby needs consistency and continuity in his educational program, (b) Bobby barely has the prerequisite skills to benefit from a half-day kindergarten setting, (c) Bobby's classroom support aide needs a certain level of training, experience and skill and (d) Bobby's home-based ABA program (which is teaching Bobby the prerequisite skills) needs to continue. In light of the foregoing dispute, Bobby's parents were compelled to take the Bartholomew school district to due process. Bobby's due process hearing was made open to the public.

The Bartholomew school district, ostensibly anticipating litigation, apparently had retained its own experts way back in the Fall of 2001. The school district paid its experts approximately $20,000 for their opinions and recommendations. This significant expense, which is essentially equal to the annual cost of Bobby's ABA therapists, is in addition to thousands of dollars which the district will have to pay in attorneys' fees. Unfortunately, the Bartholomew school district failed to heed the advice and recommendations which they had paid for.

One of the school district's handsomely compensated experts testified that since the school district was proposing the continuation of Bobby's verbal behavior (ABA) program, it was important for the school district to retain the services of a verbal behavior consultant who would have the training and expertise to oversee and guide Bobby's verbal behavior ABA program. Although this recommendation was communicated in writing to the school district by its own expert back in February of 2002, even as late as September of 2002, some seven months later, the school district still had not retained a verbal behavior consultant! Significantly, the school district was forced to admit that it had not placed even a single advertisement to attract candidates for this position.

Both of the school district's experts testified that it was essential that there be a systematic "transition plan" to support and facilitate increasing Bobby's kindergarten time from four mornings a week to mornings and afternoons, five days a week. One of the school district's experts quantified that even under the best of circumstances, such a plan would need to be effectuated over 4-6 months, depending upon Bobby's progress. This apparently was "news" to the district's special education director, who testified that he did not believe that it was at all problematic to jump Bobby from four mornings a week to a full-time, five-day schedule starting in September, 2002. The school district's special education director's position on this issue may help to explain why the school district failed to propose or develop any meaningful transition plan, let alone one which would cover the 4-6 month time frame which the school district's own expert said would be necessary even under the best of circumstances.

In addition to the foregoing, evidence was presented that the school district's IEP for the 2002-2003 school year was improperly predetermined.

Bobby's experts testified that for the 2002-2003 school year, until such time as Bobby acquires greater readiness skills, the school district should simply maintain the current status quo.

Post-hearing briefs are scheduled to be exchanged in October. The hearing officer's decision is expected in November.