Tuesday, April 7, 2009

B.V. v. Education Department of the State of Hawaii, 49 IDELR 151, 514 F.3d 1384


In her presentation at the 19th Annual CASE (Counsel for Administrators in Special Education), Julie Weatherly mentioned a case whereby parent's requested a new teacher for their child. According to Weatherly, "Althougth the District Court acknowledged that the teacher was unprofessional when she wrote the student's name on the blackboard every time he misbehaved, the teacher was fully qualified to implement IEPs for students with Asperger Syndrome and she had an excellent reputation." In this case, a denial of FAPE was unfounded. The judge wrote, "The court is unwilling to conclude that one misjudgment on the part of an otherwise outstanding teacher completely undermines an IEP."

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