WE’RE ZOOMING WITH THE DAWG THIS THURSDAY AT 10! FREE FOR ALL LOYAL DAILY DAWG SUBSCRIBERS. COME JOIN ME AND SPECIAL GUEST HALEY TURNER!

As a lawyer representing school districts I have heard many accusations of wrongdoing by school personnel. Usually these accusations are factually incorrect. Often they arise from a misunderstanding, a miscommunication, and a lack of trust. Sometimes they are true.

According to the federal court in Tennessee, someone in the Loudon County School District forged the parent’s signature on the student’s IEP. Yikes. That goes on the Sheesh-O-Meter. The parent went to a lot of trouble to prove that this actually happened. It was the testimony of the forensic document examiner that convinced the court.

As Loyal Daily Dawg Readers know, schools are required to conduct special education programs in a way that solicits and values parental input. The legal obligation is to provide “meaningful parent participation.” Needless to say, when you forge the parent’s signature on an IEP, you have failed to live up to that standard.

That was just one of two problems for the district. The other was the failure to inform the parent that the child’s teacher did not have the appropriate endorsement to serve in special education. However, the court concluded that neither infraction caused educational harm to the student. Therefore, the parent was not entitled to compensatory services. The court invited the parent to file a Motion seeking recovery of attorneys’ fees. I’m guessing a check will be written.

It's A.W. v. Loudon County School District, decided by the federal court for the Eastern District of Tennessee on September 28, 2022. It’s cited in Special Ed Connection at 81 IDELR 281.

DAWG BONE: DON’T EVEN THINK ABOUT IT.

Got a question or comment for the Dawg? Let me hear from you at jwalsh@wabsa.com.

Tomorrow: Toolbox Tuesday!!