Federal 7th Circuit Court
Civil Court
School Law
Dist. Ct. erred in affirming ALJ's decision that found that defendant-student was still eligible for special education under Individuals with Disability Education Act based on testimony from student's physician. ALJ applied wrong legal standard by determining in abstract whether student's physical disability could adversely affect his educational performance in gym class, rather than determining whether said disability actually did adversely affect said performance. Moreover, opinion of student's physician did not support ALJ holding where physician did not test or observe student in classroom setting and had no training in special education. Additionally, evidence supported educational team's finding that student was no longer in need of special education services where student was already placed in regular gym class with his peers and was performing gym activities with certain modifications.