Goldstein, Ackerhalt & Pletcher
70 Niagara Street, Suite 200 Buffalo , New York, 14202
Phone: 716-362-1533
Fax: 716-362-1534

The GAP Attorneys Blog

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

Teacher observations, progress reports enough data to develop IEP

D.B. v. New York City Department of Education, 61 IDELR 245 (S.D.N.Y. 2013): A federal U.S. District Court excused a school district’s failure to conduct a triennial re-evaluation, as such failure ultimately did not deny the student a free appropriate public education (FAPE).  Although the school district did not conduct any updated testing, the IEP team had various progress reports evaluating the student’s ability levels, as well the feedback from the student’s teachers and other service providers.  There was no indication at the IEP team meeting that anyone, including the student’s parents, believed the information available to the IEP team was insufficient or otherwise inadequate.  Accordingly, as the resulting IEP was suitably designed to provide the student with FAPE, any procedural violation committed by the school district was excused.

Tags: , ,

This entry was posted on Thursday, July 3rd, 2014 at 1:44 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.

Comments are closed.

  • « Older Entries
  • Newer Entries »

Entries (RSS) | Comments (RSS).