C.H. v. The Cape Henlopen School District, 50 IDELR 217 (D. Del. 2008)

In her presentation at the 19th Annual CASE (Counsel for Administrators in Special Education), Julie Weatherly mentioned a situation whereby an LEA failed to have an IEP in place by the first day of the beginning of the school year. The court determined this was at least in part the fault of the student's mother. If the IEP Team and the student's mother had met on September 11, an IEP would have been in place less than one week after school had started. "While the court does not recommend having a disabled child atttend school without an IEP, it finds the week delay to be a minor procedural error. Consequently, the absence of an IEP on the first day of school does not equate to a denial of FAPE."