Van Duyn v. Baker School District

I. Factual and Procedural Background

A. Factual History

Van Duyn is a severely autistic boy who was 13 years old during the 2001-02 school year. During the three years prior to 2001-02, Van Duyn was a student at South Baker Elemen- tary School, where he received extensive special education services. On February 22, 2001, a team comprised of teachers, district representatives and Van Duyn’s mother finalized a comprehensive IEP for the 2001-02 school year, during which Van Duyn would transition to Baker Middle School.

Van Duyn’s 2001-02 IEP called for him to work on “lan- guage arts - reading and written work” for 6-7 hours per week, “math computation/math computer drills” for 8-10 hours per week and “adaptive P.E. - gymnastics and swim- ming” for 3-4 hours per week. At the middle school, his schedule consisted of alternating “red” and “white” days, with gym, language arts/reading, math and study skills on red days, and social studies/language arts, computers/vocational, lan- 11768 VAN DUYN v. BAKER SCHOOL DISTRICT 5J guage arts and reading on white days. Classes each lasted for about 80 minutes, and he worked on math skills during his designated red day math classes…