The Indiana Department of Education, in Lake Ridge Tech New Schools, found a district liable for failure to implement a student’s IEP even though the student expressed a desire not to utilize an accommodation. In this case, the student informed the school that he wanted to take the PSAT test with his friends in a typical classroom, instead of in a separate classroom which would have afforded him extra time and less distractions. The district capitulated to the student’s request, and placed him within a testing environment which could not offer the accommodations. The Department of Education found that the district violated the IDEA by not following the IEP, and directed the district to amend the student’s IEP to discontinue any accommodations they no longer felt were necessary for the student.
June 2021
