Parents often complain to me that their School District will not offer their special needs child any services because he or she is passing his or her classes. One official even stated that her District did not provide special education to “students who have good skills so they can have better skills."

Districts that take this approach violate Federal law. In one recent Pennsylvania case, an elementary school student had a gifted-level IQ but struggled to pay attention in class. The District refused to evaluate him because his grades were satisfactory. Parents took the case to court. The Federal judge ruled in Parents’ favor and awarded the child substantial compensatory education. The judge emphasized that simply advancing from grade to grade does not automatically mean a child is receiving a free appropriate public education. Rather, schools must consider the child's progress in light of his or her potential. In this case, the student had the potential to be extremely successful. The fact that he was just getting by meant the District had denied him an appropriate education.

Please contact me if you have any questions about this case or any other special education matters.