The attorneys at the Law Offices of H. Jeffrey Marcus, P.C. provide representation to parents who believe their kids are not being properly served. In this blog, I present current developments in special education law. The focus is on recent federal and New York State cases and important legislative and regulatory developments.
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Law Offices of H. Jeffrey Marcus P.C.
Friday, May 28, 2010
Court considers more than academic progress in determination of whether child has received educational benefit
COMPTON UNIFIED SCHOOL DISTRICT v. A.F. (C.D.Cal. 4-26-2010): The appropriateness of a child’s program is determined, at least in part, by whether it is designed for the child to receive educational benefit. There have been a number of recent cases in which the Courts have addressed the boundaries of “educational benefit”. Compton is the most recent of these cases. The child was getting good grades, but was only “accessing” about 50% of his classroom activities and instruction due to interfering behaviors. The child was also suffering with respect to social skills and work habits.The Court held that calculation of educational benefit encompasses more than just academics; the decisionmaker must also look at social and emotional needs that impact academic progress.