Friday, November 7, 2008

S.B. v. Pomona Unified School District, 50 IDELR 72, 2008 WL 1766953 (C.D. Cal. 2008)


I am always interested in reading case law as it provides an indication of how courts are ruling with regard to special education issues. It seems like I can always think of an instance where the variables of the case are similar to a situation I have knowdedge about . In S.B. V. Pomona Unified School District, the courts determined that a district's failure to include the student's private preschool teacher was a procedural violation as the student was denied educational opportunity. The courts recognized the private preschool teacher as the regular education teacher who should should have been in attendance to provide information regarding the student's present levels of educational performance and unique needs. "At the very least, she could have elaborated on what she had told the transdisciplinary assessent team." Furthermore, her attendance "would have assisted the IEP team in devising a program that was better tailored to Student's abilities and special needs." This case exemplifies the importance of having a regular education teacher at IEP meetings. Not having a regular education teacher of the student at an IEP meeting is a procedural violation of the IDEA and can result in the denial of a free and appropriate public education. If you are having trouble getting regular education teacher attendance at IEP meetings, please consult your school administrator and ask for assistance. IDEA compliance is certainly rationale for this practice; however, what is even more important is that it is what is in the best interest of our students and they are worth it.

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