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The GAP Attorneys Blog

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

School district’s failure to assess student in all areas of suspected disability was a denial of FAPE

Compton Unified School District v. A.F., 54 IDELR 225 (C.D. Cal. 2010):  The district court affirmed the decision of the Administrative Law Judge (ALJ) that as a result of the school district’s failure to timely conduct a Functional Analysis Assessment (FAA) of the student, who was suspected of having ADHD, meant that critical assessment information was not before the IEP team.  As a result of this failure, the IEP team was unable to develop measurable goals, indentify proper services, or recommend a placement that was consistent with the student’s unique needs.  The court stated that “[t]he FAA would have enabled the IEP team to consider strategies to address behavioral problems that impeded [the student’s] learning or that of others.”  The court further concluded that the ALJ did not err by construing the due process complaint liberally by allowing the parents to address the issue of a denial of FAPE in the 2008-2009 school year although such allegation was not explicitly alleged in the due process complaint.

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This entry was posted on Friday, March 25th, 2011 at 9:32 pm and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

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