and the regulations say the school district must ensure that all services set forth and he are provided they have the ability to do so and they have agreed to do so and have agreed that  him here we've got a long history of working with him his language you know continues to be in the early ages he has learned to tell time and is has to has achieved a degree of independen as miss van dam pointed out both at the ale jail level and for judge mosman in the district or the court actually does afford substantial deference to the factual findings if those findings are what's called quote careful and thorough and i would submit that based on the length of the unions in this case the fact that the judges had clear findings of fact that they correlated to their collusions of law the proceedings of the ail j over a week's worth of testimony both of those statute and we may or may not get into this but for example this relates a little bit implementation but we had were called annual goals in which you've probably seen and then below that you have short term objectives contr does not say that you have to impeach one of the short term objectives at all times in a given day the regulations federal and oregon o b e regulations are fairly clear that you know when you're talking about a classroom environment a teacher is vest that large amount of discretion to essentially choose short term objectives and they could decide to implement them all in one day but the future in his or her own discretion may say you know what i'm going to implement a stair step any non implementation is defacto material that can't be right because the other structural or sions of i e a suggests that they are in fact school districts are given some flexibility in implementation but really the bottom line as  seventy short term objectives relating to that annual goals so think about it practically and given school day a future has it has seventy short term objectives they can pick on you know and  review and decide what is the short term objective that i'm working on today to move christopher again not a guarantee but to move him to give him some meaningful educational progress towards that overarching annual goal so in that standard i think that they changed to reflect the realities of the middle school as it was the elementary school kane are going to say well first of all that's working on the towards the annual goal it may not be precisely what the parent desires or it may not be precisely with american or desired or wanted in terms of methodology implementation or bobby or says well as long as it's a substantial implantation and as long as some progress is being made towards the overarching communication  use appropriate conduct and verbal communication in the classroom so what typical and usual short term objective would be well student will first learn not to implement or use it but we want to get them to at least identify what are some appropriate responses so instead get into the specifics of judgment calls by the teacher in terms of methodology and visit them imitation the bottom line was a full debate your card was used and and as in this case the bottom line again was that his overarching behavior  and i don't have in front of me but i think it referred to he'll have no more than two or three behavioral instances per day or per week under the behavior management plan that the district implemented in the manner that they did eventually exceeded that goal he teachers in the classroom we're going to see the overarching goal if you're making substantial progress towards that goal if you're substantially implementing the e p even though there may be a handful of areas where either you didn't implement it completely or implemented it but not quite have to obtain some substantial belief in this case mr van dyne multiple issues look at the administrative level and before the district court you know nine to twelve separate issues of communication behavior management plan testimony of hearing and the case laws were that the case law does not equate place once again that contracts are not using plain english but under the i b a placement is a term of art that does not equate to physical locations or words i'm placed in the ninth circuit court room but that is not my educational placement placement is defined under the i d e a as the basically the intensity of specially designed instruction and services that