In her presentation at the 19th Annual CASE (Counsel for Administrators in Special Education), Julie Weatherly mentioned a situation whereby a parent contended that the special education services provided by the district did not convey meaningful educational benefit. Her summary follows...Where it is undisputed that the student has 'above average' intelligence, an Administrative Law Judge (ALJ) made a factual finding that the student had the 'potential of performing at least in the average grade level in reading', this hardly qualifies as 'maximizing' the child's potential. When students display considerable intellectural potential, IDEA requires a great deal more than negligible benefit. Because the student made only 'negligible progress' in the school district's program and was still one to two years behind grade level, the ALJ properly concluded that the Board had failed to provide FAPE.
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