Districts Are Not Obligated to Adhere to Indepentent Evaluators' Recommendations

In Shakopee Independent School District, 52 IDELR 210 (SEA MN 2009), parents of a 17-year-old student with dyslexia sought recommendations from two independent evaluators regarding appropriate methodology for reading instruction. Although both evaluators recommended a multisensory, systematic direct instruction approach (e.g. Orton Gillingham), the district offered to provide a program with goals focusing on reading and written expression and resource services in the form of direct instruction with modifications for reading and writing. While it was determined the district was not at fault for failing to adhere to the recommendations of the independent educational evaluators under IDEA, the district did err in not notifying the parents of its decision. Communication within the IEP team is imperative and ultimately results in best outcomes for students with disabilities.