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The GAP Attorneys Blog

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

School provided FAPE, despite no FBA or parent counseling

M.W. v. New York City Department of Education, 61 IDELR 151 (2d Cir. 2013): A federal Court of Appeals upheld the New York State Review Officer’s (SRO) determination that a school district provided a student with autism, ADHD, speech and language disorders, and fine and gross motor deficits, a free appropriate public education (FAPE).  The parent contended that the district’s failure to conduct a functional behavioral assessment (FBA) and the IEP’s failure to provide parent counseling and training denied the student a FAPE.

The Court agreed with the SRO that an FBA was not necessary, as the student’s IEP adequately identified his behavioral impediments along with strategies to address those behaviors.  Accordingly, since the IEP adequately addressed the student’s problem behaviors there was no harm in failing to conduct an FBA.  Similarly, the resources available within the student’s proposed school were sufficient to address any deficiency by failing to provide parent counseling and training.  The Court noted that a failure to provide parent counseling and training, in and of itself, is not sufficient to result in a FAPE denial.  Therefore, the school offered the student FAPE.

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This entry was posted on Thursday, May 29th, 2014 at 10:30 am 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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