In her presentation at the 19th Annual CASE (Counsel for Administrators in Special Education), Julie Weatherly mentioned a case whereby a school district permited an independent psychologist to observe an autistic child's proposed placement for only 20 minutes. According to the court, this action did not result in a denial of FAPE (free and appropriate public education) due to a procedural violation. Although California's Code requires a district to give "an equivalent opportunity" for a parent's expert to observe a child in the LEA's proposed placement, the 20 minute limit still allowed the psychologist enough time to form an opinion about the district's placement and to testify about the appropriateness.
Thursday, March 5, 2009
L.M. v. Capistrano Unified School District., 50 IDELR 181 (9th Circuit 2008)
In her presentation at the 19th Annual CASE (Counsel for Administrators in Special Education), Julie Weatherly mentioned a case whereby a school district permited an independent psychologist to observe an autistic child's proposed placement for only 20 minutes. According to the court, this action did not result in a denial of FAPE (free and appropriate public education) due to a procedural violation. Although California's Code requires a district to give "an equivalent opportunity" for a parent's expert to observe a child in the LEA's proposed placement, the 20 minute limit still allowed the psychologist enough time to form an opinion about the district's placement and to testify about the appropriateness.
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