A recent Tenth Circuit opinion discussed the difference, if any, between "meaningful benefit" vs. "some benefit" for the FAPE standard. Which should be the standard? Do you think that there is a difference?
Why can't we use the language in the law that suggests access and progress in the general curriculum? I certainly hope meaningful benefit get's us closer to the type of academic progress necessary to be college and career ready for all the students with disabilities and all the cognitive ability be there.
Meaningful benefit vs some benefit. Ex reading. Child with reading disability. Parent requests use of specific reading methodology district says no there's will work.child reads at third grade level and is in 8 th grade. District says child's maintaining. This is some benefit. Child attends a literacy clinic by Anita Blackman and with in 30 days progresses 3 years. This is meaningful benefit. Meaningful benefit should be a meaningful gain NOT maintaining.
This Special Education Law Blog is intended for educational purposes only. Nothing said in the posts, comments or elsewhere in this blog should be construed as legal advice. If you have a dispute or any other legal problem, you should confer with an attorney who is licensed to practice law in your state. Any reference or description of individuals that resembles actual persons or any reference to what appears to be personally identifiable information is purely coincidental and unintentional. All comments, posts or other discussion should be accepted in the spirit of philosophical debate rather than as instruction or advice of any kind. Any abusive, profane, offensive or defamatory language of any kind is strictly prohibited and will not be tolerated. Disclosure Policy(FTC) (effective 05/23/2014) This blog is a personal and business blog written and edited by Jim Gerl. For questions about this blog, please contact jimgerl@gmail.com. Since January 1, 2017, this blog accepts paid advertising, sponsorship and/or paid insertions. I write for my own purposes and also for exposure of my business. However, it is possible that I may be influenced by my background, occupation, religion, political affiliation or experience.Since January 1, 2017, the owner of this blog receives compensation from advertisers. This blog may contain content which could present a conflict of interest; such content will be identified in the post in which it occurs.
Why can't we use the language in the law that suggests access and progress in the general curriculum? I certainly hope meaningful benefit get's us closer to the type of academic progress necessary to be college and career ready for all the students with disabilities and all the cognitive ability be there.
ReplyDeleteVicki,
ReplyDeleteWell said. How does Rowley affect the analysis.
Jim
Meaningful benefit vs some benefit. Ex reading. Child with reading disability. Parent requests use of specific reading methodology district says no there's will work.child reads at third grade level and is in 8 th grade. District says child's maintaining. This is some benefit. Child attends a literacy clinic by Anita Blackman and with in 30 days progresses 3 years. This is meaningful benefit. Meaningful benefit should be a meaningful gain NOT maintaining.
ReplyDeleteTammie,
ReplyDeleteThanks for your comment.
Jim
I agree with Tammie and Vicki.
ReplyDelete