The 2nd Circuit Appellate court recently ruled in Board of Education for the Yorktown Central School District v. C.S. ex rel. M.S. that school districts cannot unilaterally “correct” a student’s IEP during the 30-day resolution period after a complaint is filed. In this matter, the parents of a disabled student filed for due process against the school district, arguing that it was not providing enough services to offer a Free and Appropriate Public Education (“FAPE”) for their daughter. The parents sought reimbursement for a private school placement as remedy. The school district, in response, attempted to unilaterally alter the student’s IEP to add services without holding a formal IEP meeting, resolution session or mediation. The appellate panel found that this was a blatant violation of procedural protections, noting IDEA and Part B regulations both require parents and districts to execute a written settlement if they reach an agreement during the 30-day resolution session. The 2nd Circuit’s decision upheld a Federal court ruling and awarded full reimbursement to the parents of the private school placement.
March 2021
