Hey guys
I hope you are having a great week so far!
I wanted to share some good news that came across my desk. I know we all struggle with the fact that sometimes we may not meet the IEP to the exact minute. This is stressful as we all know the importance of the "contract" that guides the child's programming. However, in our lives, things may happen: People get sick, we have assemblies, pep rallies, etc... So we suffer over every second we are not in our rooms or able to provide those services.
This morning I was reading a court case (Corpus Christi Independent School Dist. v. C.C., No. 2:11-cv-00224, 2012, WL 2064846-SD Tex. 6/7/12) centered on this very issue. The parents were upset with the school because the student left class 10 minutes early several times a week. However, it was documented the student was making "meaningful academic and social progress". The court found "the IDEA does not mandate an all or nothing educational program for disabled students". The school is to offer a continuum of services and small deviations from the IEP weren't grounds for finding "failure to provide an appropriate education". The court stated Districts face such issues as school, budgets, staffing issues, illnesses and other day to day realities. It held, "school districts will not always be able to provide disabled students with the best possible education". Remember FAPE is free and APPROPRIATE public education.
I hope this helps you all breathe a sigh of relief. Of course we always try our best to fulfill every commitment in the IEP to the letter, it just isn't always possible EVERY DAY. It's nice to know the courts are providing some common sense answers out there.
I'd love to hear any comments or questions any of you have on this or other matters!
Have a great rest of the week!
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