In A.J. v. Board of Education, the U.S. District Court for the Eastern District of New York recently dismissed a parent’s appeal of a hearing officer decision which concluded that the student did not qualify for special education services, despite his diagnosis of Asperger’s. In this case, the court reviewed whether or not the student’s disability had an adverse effect on his educational performance. Despite the fact that the student had exhibited some social and behavioral difficulties, the district court concluded that the student was continuing to make academic progress and was performing well academically within the classroom. Any behavioral or social issues were adequately dealt with within the classroom and did not impact the child’s ability to achieve academically. Thus, despite the need for redirection and teacher intervention to address impulsive behavior, these behaviors were insufficient to find the student eligible under the IDEA given his overall academic performance. The full text of this decision may be found by clicking here.