United States First Circuit

In a case that raises an important issue regarding eligibility for special education under the Individuals with Disabilities Education Act (IDEA), namely whether a child with a strong academic record may still be found to have a learning disability and a need for special education, thereby entitling her to special education and related services, the District Court's decision, which affirmed the administrative hearing officer's determination that their child is no longer eligible to receive special education under the IDEA despite allegedly suffering from a reading fluency deficit, is vacated where: 1) without regard to how it reflects her reading fluency skills; and 2) the court failed to make an independent judgment as to the additional evidence submitted by the Does and afforded excessive deference to the hearing officer's determinations in weighing the relevant reading fluency measures.

Appellate Information

• Published 2016/08/05

Judges

• LIPEZ

Court

• United States First Circuit

Counsel