IEP Reservation Case Summary

It was on June 13, 2013 the U.S. Court of Appeals issued a motion about parental participation at IEP meetings in the case of Doug C. v Hawaii. The father requested a special education due process hearing against the State of Hawaii because the November 9, 2009 IEP meeting was held without his father being there. The case went to court because the father was sick during the scheduled initial time of the meeting, and he wanted to reschedule. However, among the other dates chosen, the father couldn’t give a specific date for the actual meeting because he was still sick and didn’t know if he was going to be well those particular dates.
Furthermore, the annual review deadline was November 13 and some of the members weren’t available for the meeting on Friday, November 12. However, Waiau (special education teacher) …show more content…
The court believed that under the circumstances, the departments agreement to put the deadline first over parent’s participation was not within reason. Lastly, the court found, as a matter of law, that the failure to include the parent at the IEP meeting violated the procedural requirement of IDEA and invalidated the IEP.
Case II On July 27, 2015 T. O. et al v. Summit City Board of Education determined that Summit failed to provide a free appropriate public education to J.O. who suffered from apraxia of speech and dyspraxia. According to the parents, the school withdrew their child from the district on March 9, 2011 and placed him at MCA in September 2011. The court understood that J. O’s parents had attempted to work cooperatively with the school district for a year. It was also determined that the Summit failed 1) to provide J.O. with a FAPE, 2) to give careful consideration to the recommendations of the parents and outside professionals in planning education, and 3) to offer J. O. placement in the