In a recent Daily Journal article, "IDEA law imposes an affirmative duty on school districts," special counsel Brian Franklin discusses the July 19th appellate ruling in Anchorage School Dist. v. M.P. (9th Cir, 2012), 2012 U.S. App. which held that the affirmative duty to develop an “individual education program” (IEP) remains with the educational agency despite difficulties in dealing with "litigious" parents.
Brian notes "compliance under the IDEA is determined on a case-by-case basis... [and] factors the courts have considered are: the number of attempts a school district has made to reach out to parents to encourage involvement; whether the parents have been kept informed and provided with tests and reports of their child's progress; and, of course, the degree to which the parents have rejected efforts to get involved in the IEP process."
This article was originally published in the Daily Journal and subscription-based Daily Journal website at www.dailyjournal.com.