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The GAP Attorneys Blog

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

Posts Tagged ‘regression’

Teen entitled to ESY when his reading skills quickly regressed during short breaks from instruction

Monday, July 8th, 2013

Annette K. ex rel. C.K. v. State of Hawaii, Dep’t of Educ., 60 IDELR 278 (D. Hawaii 2013) (this case involves a student with severe dyslexia who had previously received extended school year services (ESY) after breaks from school of more than seven days. An IEP team met to discuss the student’s education, and determined that he was not eligible for ESY. The parent challenged the proposed IEP and unilaterally placed the student in a private school, and also hired a private reading tutor. The Hearing Officer found for the district, stating that though it was inappropriate to deny the student ESY, this was simply a procedural violation that did not fatally flaw the IEP. The parent appealed the Hearing Officer’s decision, arguing that the Hearing Officer’s finding that ESY was inappropriately denied to the student requires a finding that the student was denied a FAPE. The court reversed the Hearing Officer’s decision, finding no explanation for deeming the denial of ESY services as a procedural violation, rather than a substantive violation. Based on evidence of rapid regression in reading skills, and the student’s progress in the private school, the court found that the district failed to provide a FAPE to the student by denying him ESY services. The case was remanded back to the Hearing Officer to determine the proper relief, including whether the parent may be entitled to reimbursement for the unilateral placement and private reading tutor.

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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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