I. Introduction
A. General Rule – If the procedural and
technical deficiencies in IEP do not compromise student's rights to
FAPE vs. Parent Participation Rights, then IEP valid
II. Various Procedural Steps:
A. Failure to Notify Parents of Their
Rights
1. If minor errors in notice and
parents acquiesced or otherwise still participated in process, IEP
stands
B. Improper/Inadequate Evaluation Procedures
1. Must evaluate student if suspect
disability/parent request
2. Assess in all areas of suspected disability
C. Failure to Involve Parents in IEP Process
D. Failure to Follow Mandated Time Lines
1. If failure causes IEP to not be in
place when it should have been – IEP fails
E. Failure to Follow Proper Procedures in IEP Development
1. Include regular teacher if may be in
regular education program
F. Failure to Include all Required Components
1. Must include all required components
and be reasonably calculated to educational benefit
2. IEP need not be flawless
G. Determining Placement Prior to Developing IEP
1. Fatal Flaw
2. Possible to have iterim IEP
H. Reviewing and Revising the IEP
1. At least annualy