Friday, February 19, 2010

District Did Not Schedule IEP Meeting at Mutually Agreed Upon Time

In Drobnicki by Drobnicki v. Poway Unified School District, 53 IDELR 210 (9th Circuit 2009), the school district drafted an IEP without parent input then scheduled an IEP meeting without consulting the parents to see if the time was good for them. When the district learned the parents could not attend at that time, rather than rescheduling, the district offered parental participation by speakerphone. The 9th Circuit Court claimed the school district did not fulfill their affirmative duty to schedule the IEP meeting at a mutually agreed upon time and place and further clarified that parental participation by phone conference is an option only if neither parent can attend the IEP meeting. This district's procedural violation ultimately denied the student FAPE.

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