When a School District Breaks the Law: The Consequences of Being an Uninformed Parent

A family recently found out that their child, who attends the largest school district in their state, had been in special education for a whole school year without having a legal Individualized Education Program (IEP). The school district neglected to perform an initial evaluation, secure informed parental consent, and consequently jeopardized the child's right to Free Appropriate Public Education (FAPE).

This family’s journey is a stark reminder of what can happen when parents, through no fault of their own, are unaware of their rights under federal law. It is a cautionary tale that highlights the immense power imbalance between a parent and a school district and the critical importance of parent education.

The High Price of Unawareness: A Year of Lost Opportunity

After several years of homeschool, the parents decided to place their child back in the public school system. Their child had previously attended public school for a short while and received special education services under a legal IEP. During the enrollment process for the new school district, the parents were asked to email their child's previous IEP and official ASD evaluation to the school principal. The parents were unaware that because their child was transferring from homeschooling, this action triggered the district's "Child Find" obligations. The parents trusted the school to provide the appropriate support. That trust, however, masked a series of severe legal violations.

For an entire year, the child's special education placement lacked a legal foundation. The district had failed to meet its "Child Find" obligation to identify and evaluate the child. As a result, the child was:

• Never evaluated under the Child Find Mandate

• Offered 30-day comparable services based on a lapsed, two year old IEP from the prior school district

• Placed in a special education self-contained setting without an initial, data-driven evaluation

• Provided services and accommodations without a legally binding IEP.

For the parents, this trust was shattered when they realized that they had never provided informed consent for the current placement. The new district created a false Transfer IEP and improperly used special education forms i.e. Consent for Services, Change Without and IEP Meeting, to create the illusion of a compliant Transfer IEP process instead of fulfilling its legal obligations under the Child Find mandate. Any claim of a transfer, lapsed IEP was a misrepresentation to the parents that denied their child the right to an initial evaluation. Their child lost a year of appropriate, legally-mandated services, all while the school district collected funding for a program that existed in name only.

Denied Evaluations and the Path to Advocacy

Once the parents learned of the violations, they requested Independent Educational Evaluations (IEEs) to establish a baseline for their child’s needs. The district's response revealed further non-compliance:

• The district approved one IEE but refused to fully fund it, citing a cost cap - an illegal practice under IDEA. This was despite the parents providing the district's requested documentation outlining unique circumstances. The district further advised that the parents would be responsible for any amount above the district's cap.

• The district denied a second IEE, claiming it deserved to conduct its own evaluation first, despite having failed to do so for a full year. The district's position was that no evaluation existed to warrant the parent's IEE request.

The Call for Parent Empowerment

The family's experience serves as a powerful lesson for parents across the country. It demonstrates that relying solely on a school district to uphold its legal obligations can leave a child vulnerable to a year or more of inappropriate or inadequate services.

The crucial takeaways from this case for all parents are:

• Familiarize Yourself with IDEA: Understand the basics of the federal Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act.

• Know Your "Child Find" Rights: Suspecting a disability and requesting an evaluation in writing triggers a legal timeline that schools must follow.

• Demand Informed Consent: Parents must provide written, informed consent for any special education evaluation or service. A district cannot proceed without it.

• Document Everything: As this family’s story shows, a paper trail is essential. Beyond just saving emails, become educated on the specific documents you have the right to request, such as a Notice of Procedural Safeguards.

• Attend Training: Look for local workshops or webinars on special education law. Knowing what to say and what questions to ask can be the difference between getting a runaround and getting a resolution

• Educate Yourself: Resources exist to help parents understand their rights. Seeking legal counsel or special education advocates can level the playing field.

The power imbalance between parents and school districts is real, but it is not insurmountable. By becoming informed and taking action, this family transformed their frustration into a formidable force for change. Their story highlights that parental knowledge is the first and most critical defense for a child's right to an education.

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Disclaimer: This blog post is based on the experiences of one family and is for informational purposes only. It does not constitute legal advice. Families with concerns about their child's special education services should consult with a qualified attorney or advocate.

Spectrum Project 360 is a non-attorney practice and we do not provide legal advice.