Judge Orders School to Provide In-Person Services to Student with Disability

Sep 9, 2020 | Advocacy, Covid-19, FAPE

Thank you to Communication First for highlighting a new case out of California. This case involves a student with complex support needs whose last agreed upon IEP mandated 1:1 nursing support and several therapies. The student was unable to receive FAPE under the distance learning plan that her district provided.

The Administrative Law Judge ordered the student’s school district to provide her with in-person services, per her IEP. The judge also noted that the services could be provided by qualified staff from a private agency (at district expense) and could be provided in her home.

This is the second decision I have seen ordering in-person services for students with disabilities. The earlier case was in New York. Both involved “stay put” IEPs.