No violation of FAPE for failure to maintain samples of all classwork.

Topic: Special Education, Decided by Judge Baxter 
Docket Number: ***** , Decision Date: 2013-10-31 
Attachment: Click here to download the decision. 

The school district did not deny Plaintiff, a special education student, with a free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA).  First, while parents have the right to inspect and review all of their child’s educational records under the IDEA, the right does not encompass all homework and classwork, which would be too burdensome to maintain.  Second, while the absence of a general education teacher in Plaintiff’s Individualized Education Program (IEP) meeting was a per se violation, Plaintiff did not show that it cause her harm or resulted in a substantive denial of FAPE.  In addition, no evidence established that Plaintiff had been denied placement in the least restrictive environment.