No. 24-1018

I. S., By and Through His Attorney in Fact, M. S., et al. v. Fulton County School District

Lower Court: Eleventh Circuit
Docketed: 2025-03-24
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: free-appropriate-public-education idea individualized-education-plan procedural-safeguards psychological-report school-district
Key Terms:
DueProcess Privacy
Latest Conference: 2025-04-17
Question Presented (AI Summary)

Does a school district predetermine a child's IEP under the IDEA where it secretly alters a psychological report and refuses to engage meaningfully with parents about their suggested placement?

Question Presented (OCR Extract)

When Congress enacted the Individuals with Disabilities Education Act (IDEA), it imposed on public school districts an affirmative duty to ensure that parents participate robustly in developing an independent education plan (IEP) for their disabled children so that they re ceive a free appropriate public education (FAPE). The procedural safeguards of 20 U.S.C. §§ 1414 & 1415, give parents the right to full and timely disclosure of recommendations by school personnel before an IEP meeting takes place so that they can bring thei r own questions, concerns and recommendations to the meeting as part of a meaningful, two -sided discussion of the child’s needs and the services to be prov ided to meet those needs before the IEP is finalized. The Questions Presented Are : 1. Does a school district predetermine a child’s IEP under the IDEA where before an IEP meeting takes place it secretly alters the child’s psychological report to support its less costly home placement and then refuses to engage meaningfully at the IEP meeting with the parents’ suggested placement in a residential school? 2. In light of the crucial procedural safeguards of the IDEA, what are the legal consequences when a school district secretly alte rs a child’s psychological report to support its predetermined home placement and then refuses at the IEP meeting to engage with the child’s parents about their suggested placement?

Docket Entries

2025-04-21
Petition DENIED.
2025-04-01
DISTRIBUTED for Conference of 4/17/2025.
2025-03-28
Waiver of Fulton County School District of right to respond submitted.
2025-03-28
Waiver of right of respondent Fulton County School District to respond filed.
2025-03-19
Petition for a writ of certiorari filed. (Response due April 23, 2025)

Attorneys

Fulton County School District
Brandon Oliver MoulardParker Poe Adams & Bernstein, LLP, Respondent
Brandon Oliver MoulardParker Poe Adams & Bernstein, LLP, Respondent
I.S., by and through his attorney in fact, M.S., et al.
Dennis P. Derrick — Petitioner
Dennis P. Derrick — Petitioner