SRO finds for parent for failure to reschedule CSE meeting

SRO 09-124: District scheduled a CSE meeting. Parent advised that she was unavailable but that her schedule was open after a certain date. District refused to reschedule the meeting. Rather, the district had the mother sign a form which stated in pertinent part that the student's mother

w[ould] not attend the Committee meeting. I understand that the meeting will be held in my absence and that I have the opportunity to address the committee in writing. I also understand that I will be informed of the committee's recommendation by mail and that I will request another meeting to follow-up as discussed.

The parent testified that she felt she had no alternative but to sign. The SRO held that it was error for the district to not reschedule the CSE meeting and that the failure to do “significantly impeded the parents' opportunity to participate in the decision making process regarding the provision of a [FAPE] to the student” and thus, deprived the student of a FAPE. See also, J.N. v. District of Columbia, 110 LRP 2529 (D.D.C. 01/11/10) (docket #07-665 (RWR)). 

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.