Student making progress in general education not eligible for IDEA relief

Judge Barnes determined the student at issue was not eligible for relief under the Individuals with Disabilities Education Act (“IDEA”). The student and her parents failed to show the student was eligible for special educational services. Although she displayed some weaknesses, the student otherwise was able to access the general education curriculum and make progress without specialized instruction. Judge Barnes also rejected the student’s request for tuition reimbursement, as the school district had provided a free appropriate education (“FAPE”) to the student.

Update as of 11/1/2022:  Upheld by U.S. District Court, Northern District of Georgia.