District Develops IEP Despite Parents' Concerns

In Winkelman v. Parma City School District Board of Education, 53 IDELR 215 (N.D. Ohio 2009), the U.S. District Court for the Northern District of Ohio ruled in favor of the school district against parents' FAPE claims. The court determined the school district made good faith attempts to develop IEPs for a child with autism despite a lack of cooperation from the parents. Records indicate that before the start of the 2004-2005 school year the district made two documented attempts to schedule an IEP meeting; however, the parents did not respond.

A third invitation letter was sent in September of 2004 at which time the parents filed a due process complaint claiming the district failed to have an IEP in place at the start of the school year. Although the district offered an IEP for the parents to review, the parents declined to read the IEP and stated they would homeschool that year. The following school year, the parents attended a meeting to develop an IEP for the 2005-2006 school year; however, when they learned their child did not qualify for Ohio's autism scholarship program they left the meeting. The district erred in assuming the parents declined the IEP and failed to verify the student would not be attending school that year. The parents enrolled their child in a private school for children with autism when the bus did not show up at their house the first day of school. U.S. District Judge Donald C. Nugent wrote, "The court finds it important to emphasize the great pains [the district] went through to comply with the complex laws that govern [IDEA] issues, expending a great deal of time and effort while experiencing continued difficulties with the cooperation of [the parents]."