Thursday, April 2, 2009

Lessard v. Wilton-Lyndeborough Cooperative School District., 49 IDELR 180, 518 F.3d 18 (1st Circuit 2008)



In her presentation at the 19th Annual CASE (Counsel for Administrators in Special Education), Julie Weatherly mentioned a case whereby the parent's of a student with disabilities charged the LEA with violations of procedural safeguards. She explained that the transition plan of an IEP does not need to be "stand-alone" but can be written in statements "under the applicable components of the child's IEP" as was the case in this situation. The parents also claimed the child did not have a Behavioral Intervention Plan; however, "the IDEA does not require, necessarily, a BIP as part of an IEP". BIP's are written based on need. Finally, the parents claimed the school district did not have a signed IEP in place by the beginning of the school year. Weatherly quoted the case stating it was "fairly laid at the parents' doorstep" because they would not identify the specific concerns they had with the proposed IEP.

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