Federal court upholds OSAH judge’s decision that a school district’s evaluation did not fulfill IDEA requirements.

Topic: Special Education, Decided by: Judge Baxter 
Docket Number: 1419673 , Decision Date: June 3, 2014 
Attachment: Click here to download the decision. 
Attachment: Click here to download the decision on appeal. 

Parents of a special needs child obtained an independent functional assessment after they determined that the school district’s evaluation was inappropriate.  After the parents sought reimbursement for the evaluation, the school district appealed, arguing that its assessment was appropriate.  Judge Baxter granted the parents’ request for an independent educational evaluation at public expense, finding that the school district’s evaluation lacked sufficient reliability.  The United States District Court for the Northern District of Georgia later upheld Judge Baxter’s decision, finding specifically that “her judgment was sound and supported by a preponderance of the evidence.”

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