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Schools commit procedural violations
17 Examples of how the schools commit procedural violations:
- Failure to devise an appropriate IEP based on the child's individual
needs.
- Failure to implement the IEP as written.
- Failure to allow the parents to meaningfully participate in the IEP
development process.
- Failure of proper personnel to be present during the case conference
committee meetings.
- Failure to give notice of rights", default", planned meetings.
- Failure of the school to prevent punishment of the child for actions or
inactions that are manifestations of the child's disability (caused by the
child's disability).
- Failure to train staff and aides in the child's areas of disability.
- Failure to train parents in the child's areas of disability.
- Failure to maintain proper records.
- Predetermining placement and services before the case conference
committee meeting.
- Failure to conduct necessary evaluations of the child.
- Failure to provide education and services in the least restrictive
environment, based on that child's individual needs.
- Failure to offer extended school year services to the child, resulting
in regression of skills during the summer vacation that cannot be recouped
quickly.
- Failure to convene a case conference committee meeting.
- Failure by the school to notice that the child was one in need of
special education or services, despite evidence that the child was
struggling academically or behaviorally.
- Failure to provide records within 45 days when requested by parents.
- Failure to allow the special needs child to participate in
extracurricular activities to the same extent as his non-disabled peers when
the child could participate with accommodations provided by the school.
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