There are many obligations that school districts must meet to comply with the IDEA to identify and educate special education students. After a parent consults with an attorney about the parent’s concerns about the student, the attorney will typically start the process by requesting and reviewing the student’s educational records. During the review, the attorney will identify various instances where a school district failed to follow the requirements of the IDEA and such failures have led to the student’s lack of educational progress. Examples of issues that an attorney for special education students may find in a student’s records are:
- School district failed to identify the student as one who may require special education and related services and have them assessed for those needs;
- School district failed to implement special education services that have been recommended and agreed upon by the student’s school team;
- School district failed to convene periodic team meetings to discuss a student’s present levels, progress on current goals, and develop new goals;
- School district failed to convene a team meeting when a student is failing to progress, even with the support of special education and related services, accommodations, modifications, and supports.