Friday, June 24, 2011
Special Education Law 101 - Part VI
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Issues pertaining to IEPS are among the most frequent to appear in due process hearings. Here are some fundamental points:
Issues pertaining to individualized education programs are governed by IDEA §§ 612(a)(4) and 614 (d)-(f). See, 34 C.F.R, §§ 300.320-300.323, 300.324 – 300.328.
L.B. & J.B. on behalf of K.B. v. Nebo Sch. Dist., Bd. of Educ., et al, 379 F.3d 966, 41 IDELR 206 (10th Cir. 8/11/2004). The IEP is the basic mechanism through which each child’s individual goals are achieved.
D.F. & D.F. ex rel N.F. v. Ramapo Cent. Sch. Dist. 105 LRP 57524 (2d Cir. 11/23/05). The Court notes that the case raises an issue as to whether it is proper to utilize prospective or retrospective analysis of an IEP. The court stated that an IEP is a snapshot not a retrospective. In striving for appropriateness, an IEP must take into account what was, and was not, objectively reasonable when the snapshot was taken, i.e., at the time the IEP was formulated. Contrast, MS by Simchick v. Fairfax County Sch Bd 553 F.3d 315, 51 IDELR 148 (4th Cir 1/14/09).