Filed: April 21, 2023
Court: U.S. Court of Appeals for the 8th Circuit
Overview: Amicus brief to safeguard parental involvement in the IEP process and ensure children have access to a full school day as part of a free and appropriate education.
Excerpt: “…when a school district designs a program and placement without considering the student’s actual needs and parental input, it violates IDEA…Courts have recognized that shortening school days for IDEA-eligible children based on administrative convenience rather than individual student needs can cause substantive harm…IDEA’s procedural safeguards, especially the right to meaningful parental participation, exist to ensure the delivery of meaningful educational benefit to all children with disabilities. Because of Osseo’s undisputed failure to comply with IDEA’s procedural mandates, A.J.T. did not receive an appropriately ambitious program with challenging objectives.”