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January 05, 2010


Anne M. Zachry, KPS4Parents

I had a due process case here in CA where the ALJ ruled that a FAPE had been denied on the basis that meaningful parent participation was denied when the District held meetings after being informed that the proposed dates were not mutually agreeable not only with the parents but also with me, their advocate. The parents were unwilling to attend without representation (for good reason) and the dates proposed were dates that I could not make, thereby causing the dates to not be mutually agreeable to the parents. While meeting without us, the District tried to undo the terms of a settlement agreement already in place that it had already breached (for which it had been cited by CDE). The denial of meaningful parent participation occurred within the context of a lot of overt shenanigans. I don't know that we would have prevailed on the parent participation piece if so many other bad things hadn't also been going on that made clear the District was acting in bad faith.

Brian Falatko

Hello, I am currently a student at Indiana University and taking a class on special education teaching. Only just starting a week ago, I am already astonished at how much of a problem this is in this country's school system. All of the laws are set in place but it's obvious that some places just either ignore the regulations set it place or work hard to make sure they aren't implemented. These examples are just more cases where the systems in place have failed. I'm just curious on how these institutions can get away with violating law for so long. Aren't there people in charge of looking out for these types of things? Who is regulating this?

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