| Are you the parent of a child with a disability receiving | | | | courts have stated that it is not enough for the parent |
| special education services? Are you considering filing | | | | to just attend the IEP meeting, they must have |
| for a due process hearing on procedural violations of | | | | "meaningful participation!" One court was extremely |
| the Individuals with Disabilities Education Act (IDEA)? | | | | clear that if a district rejects a specific |
| This article will explain the changes to IDEA that | | | | recommendation for placement or services need by |
| occurred in 2004 when it was reauthorized, in the area | | | | the parent, regardless of evidence that the placement |
| of procedural violations, and explain what you as a | | | | and services are appropriate for the child, and will |
| parent need to know, about this change. | | | | meet the child's educational needs, this may result in a |
| A procedural violation means that the school district did | | | | procedural violation that denies the child FAPE. |
| not follow the specific procedures that are required in | | | | In a well known special education case the school |
| IDEA. For example: IDEA requires that parents are | | | | district refused to provide a child with Applied |
| equal participants in the Individual Educational Plan (IEP) | | | | Behavioral Analysis (ABA), even though there was a |
| meetings for their child. If special education personnel | | | | lot of evidence that the child required it. Special |
| refuse to allow the parent to give input, this would be a | | | | education personnel were ecstatic with the child's |
| procedural violation. Or if timelines are not followed for | | | | progress with the private ABA program, but they |
| testing this would also be a procedural violation. | | | | refused to pay for it. The court in that particular case |
| Before IDEA was reauthorized in 2004 when a parent | | | | stated that the school district was not going to agree |
| filed for a due process hearing, the hearing officer | | | | with the parents request for ABA, no matter what. |
| could find that a child was denied a Free Appropriate | | | | Therefore the parents were prevented from having |
| Public Education if procedural violations occurred. | | | | meaningful participation in the development of their |
| Things you must know about the change: | | | | child's IEP, and this denied their child FAPE; which made |
| 1. IDEA now states that any procedural violations must | | | | the school district liable for paying for the program. |
| be substantive or in other words substantial. The | | | | 2. Denial of educational benefit is a little harder to |
| procedural violation must rise to the level of preventing | | | | prove, but I think it is doable. If the school district |
| the child from receiving a free appropriate public | | | | refused to listen to parents about a related service |
| education (FAPE). | | | | that their child needed, and it prevented FAPE, then this |
| 2. There are 2 ways that a school districts procedural | | | | would be a deprivation of educational benefit. |
| violation rises to the level of denying the child FAPE. | | | | Another example would be if a parent had an |
| They are: | | | | Independent Educational Evaluation (IEE) that stated |
| A. The violation significantly impeded the parents | | | | that their child needed a Multi sensory reading program |
| opportunity to participate in the decision making | | | | for 1 hour 5 days a week with a trained teacher, and |
| process regarding the provision of FAPE to the | | | | the school district refused to listen to them. This would |
| student or | | | | deny the child educational benefit and could be a denial |
| B. The violation caused a deprivation of educational | | | | of FAPE. |
| benefit. | | | | While this change has made it a little more difficult to |
| I would like to discuss each of these: | | | | prove denial of a free appropriate public education at |
| 1. Many school districts have tried to convince courts | | | | due process, it makes it a little more clear for parents |
| that parents have participated in the IEP process if | | | | as they are preparing their case. Good luck and |
| they just simply attended the IEP meeting. But a few | | | | remember your child is depending on you! |