The Online Resource for Massachusetts Poverty Law Advocates

BSEA 10-1237 Ruling on Request for Clarification of Legal Standard

Date: 
02/18/2010
Author: 
William Crane Hearing Officer

Ruling on request for clarification of FAPE and eligibility for specific services from parents and the town of Shrewsbury concerning a six year old boy.  The H.O. summarized, "As applied to the instant dispute, ...there is no requirement that Shrewsbury provide occupational or physical therapy solely because Student is not making effective progress (regarding his fine or gross motor skills) commensurate with his chronological age, developmental expectations, and individual potential.  Student is entitled to receive the related services of occupational and physical therapy only if those services are necessary in order for him to learn, to benefit from his special education or to gain meaningful access to his education, all within the context of kindergarten."


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