THE FOURTEEN DEADLY SINS

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THE FOURTEEN DEADLY SINS
COMMON MISTAKES THAT LEAD TO
DUE PROCESS HEARINGS
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SIN 1
PROCEDURAL VIOLATIONS
ROWLEY -- CONGRESS PLACED AS MUCH EMPHASIS
UPON COMPLIANCE WITH PROCEDURES AS WITH THE
MEASUREMENT OF THE RESULTING IEP.

• NOTICES
• CONSENT
• IEE
• POOR EVALUATIONS
• IMPROPER ARD COMMITTEES

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SIN 2
DENYING SERVICES BASED ON COST CONSIDERATIONS
(THE KISS OF DEATH)
THERE IS NO PROVISION IN THE LAW THAT LIMITS A
SCHOOL DISTRICTS RESPONSIBILITY TO PROVIDE FAPE
TO THE AMOUNT OF FUNDS THE DISTRICT RECEIVES --
YOU MUST PROVIDE WHATEVER IS NECESSARY FOR A
CHILD TO RECEIVE FAPE (supreme court decision To
provide a full time nurse)
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SIN 3
RIGIDITY (THE NEVER HAVE DONE IT, NEVER WILL DO
IT -- APPROACH
WHEN SOMETHING COMES UP THAT YOU DONT FEEL
COMFORTABLE IN PULLING THE PIN ON -- IN THE
ARD MEETING -- YOU SHOULD MAKE THE FOLLOWING
STATEMENT
THAT IS AN INTERESTING REQUEST AND WE WERE NOT
EXPECTING THAT ITEM TO BE A REQUEST -- WE ARE
GOING TO RECESS FOR A COUPLE OF DAYS TO GIVE US
A CHANCE TO STUDY AND RESEARCH YOUR REQUEST.
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SIN 4
GIVING IN TO PARENTS DEMANDS (FAPE OR NO FAPE)
MOST COMMON EXAMPLE IS WHERE THE PARENT REFUSES
TO ALLOW TESTING AND/OR SERVICES FROM SPECIAL
EDUCATION AND THE STUDENT NEEDS THOSE SPECIAL
EDUCATION SERVICES TO HAVE FAPE (FREE APPROPRIATE
PUBLIC EDUCATION.
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SIN 5
ACTING ON THE BASIS OF PRINCIPLE V. REASON
(AKA // FIGHTING LOSING BATTLES)
MOST COMMON EXAMPLE IS REFUSING TO QUALIFY
BECAUSE THE STUDENT IS BRIGHT OR IS PASSING
FROM GRADE TO GRADE.
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SIN 6
TAKING THE LAW INTO YOUR OWN HANDS AKA, IGNORING
THE LAW, THE IEP, AND COMMON SENSE.
USUALLY HAPPENS IN THE AREA OF DISCIPLINE
-- (COLORADO CASE 1999 -- the district did not
follow the IEP.
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SIN 7
PROCRASTINATING (IT IS TOO EASY TO
ALLOW TIMELINES TO PASS AND NEEDED SERVICES TO BE
IGNORED)
SCHOOL DISTRICT TOOK 2.5 YEARS TO FIND
A RESIDENTIAL PLACEMENT -- WHICH THEY HAD AGREED
WAS A NECESSARY PROGRAM TO PROVIDE FAPE.
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SIN 8
Pre Determination of Placement
Your child will be placed in the special
education Classroom. A school district must
not finalize placement or IEP decisions Before
the IEP meeting. If they do -- courts will
find that the child was denied a FAPE. A school
system, however, may come to an IEP meeting with
a draft IEP to stimulate discussion.
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SIN 9
Failure to give written prior notice when
refusing to identify, evaluate, or change the
educational placement of a child.
Many districts overlook the requirement to
provide the notice when the district refuses a
request by the parent.
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SIN 10
This ARD meeting shouldnt take more than 25-30
minutes
The district gets in a hurry and fails to develop
adequate and sufficient IEPs addressing all
components of the ARD meeting -- with meaningful
parent participation.
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SIN 11
Failure to develop an IEP for a child placed in
private or home school.
The school district must develop and IEP and
offer an appropriate program -- even if parents
make it known they are moving their child to a
private facility or home school
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SIN 12
Voting at ARD meetings school wins on a 12 - 9
vote
Decisions at ARD meetings should be made by
consensus (agreement between the district and
the parent) and not by majority vote of those
attending the ARD meeting.
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SIN 13
Failure to explain the IEE process when the
parent asks about an independent educational
evaluation.
Parents always have the right to an independent
evaluation -- it is up to the district to explain
when the school is responsible and when the
school is not responsible for paying for an IEE.
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SIN 14
Improper Manifestation Determinations he knows
right from wrong -- so there is no manifestation
of his disability
ARD committees must consider all elements of the
form for determining Manifestation
Determinations.
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THE END