Caselaw: IS 9TH CIRCUIT (DOUG C) RULING MEANINGLESS IN 2ND CIRCUIT?

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Karen: While the 9th Circuit ruled in favor of parents when District developed IEP without parents at the IEP meeting, does the 9th Circuit’s ruling have any teeth in a different Circuit? I live in 2nd Circuit, but do not know if I can lean on this case ruling given it is from a different circuit. CT DOE, SPED division, told me the school had to hold IEP annual review meeting prior to IEP deadline even if I could not attend due extreme health issues. The school district would gather parent input outside of the IEP meeting and hold IEP meeting without parents.

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1 Comment on "Caselaw: IS 9TH CIRCUIT (DOUG C) RULING MEANINGLESS IN 2ND CIRCUIT?"

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Karen: When a Court of Appeals issues a decision, that ruling is binding on all district courts in that Circuit but is not binding on federal courts in other Circuits.

You are in CT and were told that the IEP team would hold their annual meeting even if you cannot attend because of bad health issues. If you object to the school’s plan to hold a meeting without you, you need to put your objections in writing – in a letter. IDEA 2004 places a high value on parent participation. Ask the IEP team how they will ensure that you participate in your child’s IEP.

You can request an IEP meeting at any time, not just once a year. The law provides other ways for parent and school to meet – for example, conference calls, video calls.

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