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Under the Individuals with Disabilities Education Act (“IDEA”) an IEP must be "reasonably calculated to enable the child to receive an educational benefit.” This is sometimes called the Free Appropriate Public Education standard or “FAPE” An "educational benefit" must be more than trivial, meaning the IEP and services must be calculated to enable the student to make "meaningful and effective progress commensurate with his or her educational potential"
Standardized cognitive / intellectual assessments provide one widely-accepted way to assess a child’s potential. The following are a list of common evaluation tools with links to descriptions of the tests:
A lot of my potential clients really don't need a special education attorney and I'm not reluctant to tell them. Does that make me a bad business person? I don't think so. Clients who aren't ready for legal representation are more likely to be unhappy with the experience.
So, what are indicators you aren't ready to hire an education attorney?
Case Name: In re: Rick (BSEA #11-6535) Foxborough Public Schools
Decision Date: September 2, 2011
Hearing Officer: Raymond Oliver
Representation: Thomas Nuttall, School Attorney
Parents, Pro Se
Issue Presented:
Does school's proposed IEP provide a free appropriate public education (FAPE) in the least restrictive environment (LRE)?
The U.S. Department of Education (DOE) recently published a report suggesting was for states and school district to increase opportunities for children with disabilities to participate in PE and athletics. The report is called Creating Equal Opportunities for Children and Youth with Disabilities to Participate in Physical Education and Extracurricular Athletics.
Case summary: School district indefinitely suspended Student with a disability, alleging Student had inappropriately touched others, attempting to give them "wedgies." School proposed a substantially separate placement. Attorney Wong, on behalf of Parents, argued for Student's return to the general education setting with a comprehensive behavior plan in place. Hearing Officer agreed with Parents that the general education classroom was the least restrictive environment and ordered that Student be allowed to return to his regular education classroom.
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