Disproportionality: Segregation Through Special Education


J.W. — Implementation of Free and Appropriate Education

In March 2011, a hearing officer decided that the LMSD denied Law Center client JW a free and appropriate public education by failing to implement the student’s IEP. LMSD contended that because the student did not attend the services offered, the failure of his education was beyond their control. The hearing officer disagreed, concluding that the student’s inability to benefit from the educational services offered to him was a manifestation of his emotional disability.