The following Due Process Hearing summaries are intended to be a reference guide only, and have no legal authority.  If you are interested in learning more about any of the issues described in the summaries, please see the full decisions provided.

Case #10096H Decision

Case Title: Sanford School Department v. Parents

Allegation Categories: FAPE; IEP/IFSP Contents; IEP/IFSP Process

 Parents complained of various procedural violations (failure to schedule an IEP Team meeting, failure to identify the district’s consultant in the advance written notice as a participant at the IEP Team meeting, etc.) and implementation failures (assistive technology, OT and speech therapy).  The parents also objected to the district’s determination to replace the student’s mother as the educational technician for the student.  With regard to the procedural issues, the hearing officer found a violation with respect to a failure to schedule an IEP Team meeting and to list the consultant in the advance written notice, although the officer concluded that the latter violation did not deprive the student of FAPE.  The hearing officer also found a violation with respect to a failure to implement recommendations contained in an assistive technology evaluation and a failure to provide OT, but with respect to speech therapy found that the parents chose not to access the available services.  On the issue of the parent’s role as educational technician, the hearing officer concluded that she lacked the authority to review a district’s personnel decision and that the decision did not effect a change in the services being delivered to the student under the IEP.  The hearing officer awarded compensatory OT services and directed the district to consult with the assistive technology evaluator regarding implementation of the recommendations.