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The GAP Attorneys Blog

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

Posts Tagged ‘Progress’

Educational benefit is not measured by psychological testing progress or regression.

Monday, February 4th, 2013

M.C. v. Katonah-Lewisboro Union Free School District, 59 IDELR 108 (S.D.N.Y. 2012):  A federal district court found in favor of a school district regarding its program for a student with a learning disability.  The court agreed with the State Review Officer (SRO), who rejected the impartial hearing officer’s (IHO) determination that the student’s program was inappropriate, because the student failed to demonstrate sufficient progress on certain psychological and educational testing the student underwent to gauge her cognitive levels and abilities.  The court, however, agreed with the State Review Officer (SRO), noting that, although the student finished the school year with a reading level lower than most of her non-disabled peers, her reading had improved and she made progress on other skills.  Although the student’s performance on psycho-educational testing often remained stagnant (or regressed), the progress she demonstrated in her skills demonstrated a sufficient educational benefit to show the district offered her an appropriate program.  As a result, her parents’ claim for reimbursement for the unilateral placement was denied.

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Integrated Co-Teaching placement supports IDEA’s requirement to educate student in LRE

Friday, August 24th, 2012

T.L. v. Department of Education of the City of New York, 58 IDELR 213 (E.D.N.Y. 2012): The parents of a student with ADHD and visual processing deficits were denied private school tuition reimbursement since the school district’s recommendation to place the student with integrated co-teaching services for all his academic classes complied with the IDEA’s requirement that the student to be placed in the least restrictive environment (LRE) appropriate.  Prior to the school year at issue, the student had been placed in a self-contained 12:1:1 classroom setting, where the student made progress.  The integrated co-teaching recommendation would have placed the student in a larger class size with disabled and nondisabled students co-taught by a regular education teacher and a special education teacher.  Despite the parents’ objection to the larger class size, the Court concluded that the integrated co-teaching recommendation was appropriate since the student would have benefited socially and academically from exposure to general education students and would have been provided with sufficient support to make progress.

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After-school ABA program not essential for autistic student to receive FAPE

Friday, January 21st, 2011

C.G. v. New York City Department of Education, 55 IDELR 157 (S.D.N.Y.  2010):  The parents of a student with autism failed to prove that the school district’s removal of 15 hours of after-school, 1:1, Applied Behavioral Analysis (ABA) services denied the student a free appropriate public education (FAPE).  The evidence established that although the student benefited from the ABA program, the program was not essential for the student to make progress under the school district’s IEP.  However, the court also affirmed the decision of the Impartial Hearing Officer (IHO) and State Review Officer (SRO) that the school district was not entitled to reimbursement from the parents for the expense of providing the student with the ABA services during the pendency of the litigation.

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