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Monday, January 4, 2010

Failure to include the parents at CSE meeting resulted in denial of FAPE

Drobnicki ex rel. Drobnicki v. Poway Unified School Dist., Slip Copy, 2009 WL 4912163, C.A.9 (Cal.),2009: District scheduled a CSE meeting. Parents did not agree to date. District made no further efforts to reschedule the meeting. Rather, the district conducted the CSE meeting, despite parent request to reschedule. The 9th Circuit held that this was a denial of FAPE. They did so without an analysis of whether the IEP substantively complied with the IDEA finding that the “failure to include the persons most knowledgeable about [the student’s] educational levels and needs-namely, ... [the student’s] parents-at the [October 10] IEP meeting ... resulted in lost education opportunity.”

Note that this case could be of significance where a district fails to include in the decision making process other individuals most knowledgeable about a child.