Law Offices of H. Jeffrey Marcus P.C.
Tuesday, January 13, 2009
"Adversely affects" educational performance
Marshall Joint School Dist. No. 2 v. C.D. ex rel. Brian D., --- F.Supp.2d ----, 2009 WL 59065(W.D.Wis. Jan 08, 2009): In order to be eligible for services under the IDEA, a child must have a qualifying disability that adversely affects educational performance and by reason thereof, has a need for special education. In this case, the Court found “adverse effect to be any negative impact, however slight, reasoning that the term appears in the regulations without a qualifier such as significant or marked.” The Court also found that the MDT(CSE) should have evaluated the child’s needs without the child having the benefit of modifications or accommodations reasoning that to do otherwise would disqualify most students from eligibility.