In the case of Montgomery County Intermediate Unit No. 23 v. A.F., 120 LRP 38706 (E.D. Pa. 12/09/20), the U.S. Eastern District of Pennsylvania Court ruled that the intermediate unit excluded the parents of a three year old boy with autism from the IEP process when it omitted behavioral supports from the student’s IEP without explanation.

Parents are unable to effectively participate in the IEP process if they do not have the opportunity to gain a reasonable understanding of their child’s special education services. In this instance, the IU removed behavioral supports from the draft IEP after the parents requested a classroom-based placement, without explaining that the autism program had those behavioral supports built in.

The Court upheld the hearing officer’s decision and found that the IU denied the student FAPE by impeding the parents’ participation in the IEP process, noting that “[W]ithout clear communication from the [LEA]…, there was simply no way for [the parents] to determine whether the education offered was actually appropriate.”

The Court determined that the procedural violation entitled the parents to reimbursement for the student’s unilateral private school placement.

Should you have any questions about this decision, or any other issue impacting schools, please do not hesitate to contact me or any of the attorneys in the Appel, Yost & Zee Education group.