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The GAP Attorneys Blog

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

Failure to include behavioral goals denies student FAPE.

Coventry Public Schools v. W.J., 59 IDELR 277 (D.R.I. 2012):  A federal district court found in favor of parents of a student with significant behavioral needs as a result of his ADHD and oppositional defiance disorder (ODD).  The student’s behavioral needs “consistently” impeded his academic progress.  Despite these significant needs, his IEP failed to include any behavioral goals and modifications.  The court concluded such failure rendered the student’s IEP inappropriate, noting “not having clear and defined behavioral goals and modifications in the IEP is tantamount to denying him any education at all.”  Accordingly, in light of the appropriateness of the unilateral placement in which the parents placed the student, the court ordered the school district to reimburse the parents.

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