Several years back I did work one Special Education Law case. Time and events took me away from these kind of cases. With an ADD step-son and nephew, I cannot tell you how important this law can be for parents.
I found the following on Dorene Philpots' website
Examples of how the schools commit procedural violations:
- Failure to devise an appropriate IEP based on the child's individual needs.
- Failure to implement the IEP as written.
- Failure to allow the parents to meaningfully participate in the IEP development process.
- Failure of proper personnel to be present during the case conference committee meetings.
- Failure to give notice of rights, planned meetings.
- Failure of the school to prevent punishment of the child for actions or inactions that are manifestations of the child's disability (caused by the child's disability).
- Failure to train staff and aides in the child's areas of disability.
- Failure to train parents in the child's areas of disability.
- Failure to maintain proper records.
- Predetermining placement and services before the case conference committee meeting.
- Failure to conduct necessary evaluations of the child.
- Failure to provide education and services in the least restrictive environment, based on that child's individual needs.
- Failure to offer extended school year services to the child, resulting in regression of skills during the summer vacation that cannot be recouped quickly.
- Failure to convene a case conference committee meeting.
- Failure by the school to notice that the child was one in need of special education or services, despite evidence that the child was struggling academically or behaviorally.
- Failure to provide records within 45 days when requested by parents.
- Failure to allow the special needs child to participate in extracurricular activities to the same extent as his non-disabled peers when the child could participate with accommodations provided by the school.
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