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The GAP Attorneys Blog

Meeting the needs of people with disabilities, their families, educators & service providers

Failure to evaluate a student in all areas of suspected disability prevented a school district from providing a FAPE

K.I. v. Montgomery Public Schools, 57 IDELR 93 (M.D. Ala. 2011): The court concluded that the school district’s failure to evaluate a student, diagnosed with arthrogryposis, muscular dystrophy, and restricted lung disorder, in all areas of his suspected disability, prevented it from offering the student a free appropriate education (FAPE).  The school district failed to conduct a cognitive evaluation and, therefore, could not determine whether the student was operating in the normal intelligence range.  As a result the school district was unable to develop an adequate IEP, which would include the provision of appropriate measurable annual goals.

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