A student is bullied, teased, socially awkward, and anxious…but he’s getting good grades. Could he be eligible for special education? A Pennsylvania court recently answered that question with a resounding “yes” and gave school districts another reminder that an “appropriate education” can mean more than just making good grades.
In Rose Tree Media School District, a Pennsylvania hearing officer chastised a school district who educated a student for several years but consistently determined he was not eligible for services under IDEA or even Section 504. Virtually everyone – parents, teachers, evaluators, even other students – agreed that the student had significant social issues. In fact, he saw a private psychiatrist and a school employee recommended the parents seek private psychotherapy. A school psychologist even recommended that the student receive social skills instruction during the school day but did not consider that “special education.”
The Pennsylvania court rejected the school district’s contention that, because the student was earning good grades, he did not require specialized instruction. The court noted that “education” can include behavior, social, and emotional domains. Here in Georgia, our own state regulations and legal decisions make clear that school districts must consider the social, behavioral, and emotional needs of students. As a result, the court ordered the school district to provide significant compensatory services due to their failure to identify the student as disabled. The case is Rose Tree Media School District, 111 LRP 6194 (SEA PA 2010).
As your school district complies with IDEA’s child find provisions, remember not to overlook those students who may be doing well academically but may be disabled in other areas. If you do not, you may find yourself facing allegations of IDEA violations.
If you are interested in learning more, or if you have any questions and would like to discuss these developments further, please contact any of Brock Clay’s special education attorneys.
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