The short opinion from the 4th Circuit caught my attention because of the way the court laid out in plain language some of the basics of IDEA. Examples:

ON CHILD FIND: But the child find obligation does not require schools to provide an IEP to any student whose parent believes their child is entitled to one.

ON ELIGIBILITY: The IDEA does not cover every student who is struggling in school; rather, its protections are limited to a student who has a qualifying disability and who, for that reason, “needs special education and related services.”

ON EDUCATIONAL NEED: But a student does not “need” such services if the student is already getting what would qualify as a free appropriate public education without them.

ON INDEPENDENT EVALUATIONS: The IDEA does not require school districts to defer to the opinions of private evaluations procured by a parent. To the contrary, the IDEA instructs school districts to rely on diverse tools and information sources in making an eligibility determination.

ON MISSED DEADLINES: This Court has held, however, that a bare procedural violation of the IDEA does not warrant a remedy unless a plaintiff shows the violation resulted in the student being denied a free appropriate public education.

It’s Miller v. Charlotte-Mecklenburg Schools BOE, decided by the 4th Circuit Court of Appeals on April 6, 2023. It’s published at 64 F.4th 569.

DAWG BONE: NO LEGALESE HERE. JUST THE PLAIN TRUTH.

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

Tomorrow: a school district attacks systemic racism….