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Posts Tagged ‘progress reports’

Teacher observations, progress reports enough data to develop IEP

Thursday, July 3rd, 2014

D.B. v. New York City Department of Education, 61 IDELR 245 (S.D.N.Y. 2013): A federal U.S. District Court excused a school district’s failure to conduct a triennial re-evaluation, as such failure ultimately did not deny the student a free appropriate public education (FAPE).  Although the school district did not conduct any updated testing, the IEP team had various progress reports evaluating the student’s ability levels, as well the feedback from the student’s teachers and other service providers.  There was no indication at the IEP team meeting that anyone, including the student’s parents, believed the information available to the IEP team was insufficient or otherwise inadequate.  Accordingly, as the resulting IEP was suitably designed to provide the student with FAPE, any procedural violation committed by the school district was excused.

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School district’s failure to consider progress reports and evaluation provided to IEP team at end of meeting was a procedural denial of FAPE.

Thursday, June 30th, 2011

Aidan M. v. Department of Education, State of Hawaii, 56 IDELR 9 (D. Hawaii 2011):  A U.S. District Court found that a school district’s failure to consider an evaluation and progress reports from the student’s private school amounted to procedural denial of FAPE, even though the parents did not provide such documentation until the end of the IEP team meeting.

The IEP team met for the student, diagnosed with attention deficit hyperactive disorder (ADHD), in early June, and at the conclusion of that meeting the parents provided documentation from the student’s private school.  The documentation included an evaluation conducted by the private school, as well as progress reports demonstrating the student’s progress during the previous school year.  The IEP team did not review the materials at that meeting, and did not reconvene to review the materials.

The Court noted that “a school district cannot abdicate its affirmative duties under the IDEA, irrespective of parental conduct.”  Although the parents did not provide the documentation they wished to be reviewed by the IEP team until the conclusion of the IEP team meeting, such documentation was still available to the school district prior to the IEP’s implementation and should have been considered by the IEP team prior to the implementation of a new IEP.  The Court understood that procedural violations do not necessarily result in a denial of FAPE, but since the documentation demonstrated the student’s progress during the previous year the Court found that not having the IEP team review the information was “sufficiently grave to warrant” a finding of a denial of FAPE.

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