Court rules both parents must receive notice before a student's IEP is revoked, and a 24-hour notice is insufficient before revocation of a student's IEP

December 1, 2017

 

Back in 2015, David (not his real name) was struggling in school. In attempt to help his son, his father withdrew his consent to his son's IEP so that David could enroll in an independent studies program. His father believed his son could only participate in the program if his son did not have an IEP. 

 

David's mother, who was legally separated from David's father and lived at a separate address from him, vigorously objected to the withdrawal of David's IEP. She had worked hard for several years to get an IEP for David so that he would receive the help that he needed. 

 

But it was too late. She didn't learn that her son's IEP had been withdrawn until several months after the fact. By the time she learned that her son's IEP had been withdrawn, she she thought she couldn't do anything about it. 

 

Earlier this year, she finally had her attorney file a court case to try to get help for her son. The case, Student v. Roseville Joint Union High School District, went before the Office of Administrative Hearings, which is the administrative court that hears special education cases in California.

 

The judge considered two questions: 1) Whether the  school district, which had provided David's father with a notice regarding the withdrawal but never provided one to David's mother, should have provided her with a notice before the withdrawal of David's IEP and 2) Whether the Roseville Joint Union High School District acted appropriately in waiting only 24-hours after issuing its prior written notice before withdrawing David's special education and related services, and  

 

The judge ruled in her favor on both of these issues and awarded her son 146.24 hours of tutoring.

 

David's mother is pleased with the result and hopes the case will help other parents and students. David Tollner did not report this case. 

 

Please note: The result from a hearing is never guaranteed, and an attorney cannot guarantee any particular result for any client.

 

Please read our disclaimer.

 

Martha Millar

A special education attorney

Website: educationattorney.info

Telephone: 916-724-5200

 

 

 

 

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