A federal District Court has concluded that a New Jersey school district violated IDEA when it determined a student’s placement before the IEP meeting, and without parental input.
The case involves a 10 year-old girl with an autism spectrum disorder who had been placed full time in a local school’s self-contained autism program for three consecutive years. The girl’s parents sought more time in the general education program and more access to typical peers. They contended that, beginning with the 2007-2008 IEP, the district predetermined her placement outside of the IEP process, failed to consider the full range of options, and failed to allow them to participate in the decision-making process. The parents sought an order requiring the district to develop a new IEP, as well as monetary damages.
The court noted that a student’s placement “must be based on the IEP and not the other way around,” and therefore, it is essential that the IEP be created prior to any placement decision.
Testimony of the parents and district staff confirmed that the district had determined placement before the IEP team meeting. The district’s staff testified that there was no need to discuss other placements because the district had already determined that any greater inclusion time was inappropriate.
Because the district denied the girl’s parents meaningfully participation, it deprived her of a “free, appropriate public education” (FAPE). The court ordered the district to develop a new IEP. It denied the parents’ request for monetary damages, but confirmed that they may seek reimbursement of attorney’s fees.
.