Plaintiff’s IDEA claims dismissed where insufficient evidence presented to demonstrate that school district failed to provide Free and Appropriate Public Education.

Topic: Special Education, Decided by Judge Baxter 
Docket Number: XXXXXXX , Decision Date: 2014-02-25 
Attachment: Click here to download the decision. 

Plaintiff, a child receiving special education services under the Individuals with Disabilities Education Improvement Act (IDEA), failed to demonstrate that Defendant, a school district, denied him a Free and Appropriate Public Education (FAPE) in the least restrictive environment by providing math classes in a collaborative setting with the support of a special education teacher. Additionally, Plaintiff did not establish that he was denied FAPE due to alleged bullying by his peers and differential treatment from his teacher where the evidence presented by Plaintiff showed that Defendant was responsive to concerns about bullying, Plaintiff was content with his teacher, and Plaintiff’s behavior and grades had improved since entering Defendant’s schools.  Finally, Plaintiff abandoned his claims relating to the amount of occupational therapy he receives by failing to present evidence that his current occupational therapy services were not appropriate or that he required more occupational therapy in order to receive FAPE.