August 30, 2009: Disabled Students - ALJ erred in finding that student with ADD or ADHD was not eligible for special education and related services.

 

Reversing an ALJ, a federal district court concluded that a student with attention deficit disorder (ADD) or attention deficit hyperactivity disorder (ADHD) was eligible for special education and related services. The court found the ALJ ignored important undisputed testimony in the record in concluding that the student's academic problems stemmed from lack of motivation rather than his learning disability. Specifically, the ALJ rejected the testimony of the student's expert, who diagnosed the student with ADHD which he concluded was "significantly influencing his social and academic development, and it is unlikely that he will grow out of it," because 'he performed no classroom observations of Student and had only met with Student for purposes of his assessments," and because he "candidly admitted that he was not offering an opinion on whether (the student) met the eligibility criteria for special education," and therefore had not shown the requisite severe discrepancy between ability and achievement. The court failed to see the relevancy of that statement, and found the ALJ's assessment of why the discrepancy was not severe "not persuasive."