Monday, May 4, 2015

Weekly Question!

We are now running a new series which is an updated version of our previous series: An Introduction To Special Education Law. Are there any topics that we have not covered in the past that you would like to see in this Special Ed Law 101 Series? Are you enjoying the series?


  1. If a school district obtains a doctors (MD) diagnosis of (ADHD) to make your child eligible under the IDEA, behind the parents back (with out consent) and refuse to provide prior written notice(of their intent) to do the same, as a bases to refuse your child's other documented diagnosis, like SLD, depression, anxiety, and ODD, is this action a procedural violation of the IDEA. Is it a Section 1983 claim, over and above the IDEA? Can the IEP's (that were produced from this action) be a valid(creating an educational beneficial) IEP, since they would be void of present educational and functional base lines and present levels? Does the school district have to give you written parental notice that they have taken this action, in lieu of providing a comprehensive appropriate evaluation "in all areas", necessary to assess your child's academic and functional levels? It is action a denial of FAPE, on it's FACE? and Are these actions an act of deliberate indifference to the established laws, the child's rights to FAPE and the parents rights of their procedural safeguards under the IDEA? From what I have read and understand, based on the statues and under the IDEA regulations (current established law) and the relevant case law, this is more then and IDEA violation, it is a violation under the parents civil rights and their Individual IDEA rights, to be a clearly and timely informed parent with the safeguard in place under parental written notice.

    1. Anon,

      As an impartial (mediator, hearing officer, investigator, consultant), I never advise or represent either parents or school officials in special ed cases. See disclaimer on the blog. Other readers may respond and you may also try our dynamic LinkedIn Special Education Law Group.