Friday, February 26, 2010

Name of School Child Was Supposed to Attend was Not Specified in IEP

In Davidson County Schools, 53 IDELR 240 (OCRXI, D. C. (NC) 2009), the Office of Civil Rights determined a North Carolina school district was out of compliance when it failed to provide transportation to a student with a disability despite the service being specied in the student's IEP. At the last IEP meeting for this student, the district recommended placement at the most appropriate school closest to the child's residence. Although the parent disagreed, she signed the IEP but enrolled her child in the school she preferred then provided transportation for two months until her car broke down. She filed an OCR complaint and was awarded compensation for the cost of transporting her child 500 miles. The district explained the failure to provide transportation was due to a miscommunication; however, the OCR still found in favor of the parent since the IEP did not specify which school the child would attend.

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