Must show harm in order to obtain relief for a deviation from an individualized education program.

Topic: Educators, Decided by Judge Schroer 
Docket Number: ***** , Decision Date: 2014-07-14 
Attachment: Click here to download the decision. 

Although a School District violated procedural safeguards under the Individuals with Disabilities Education Improvement Act (IDEA) by providing services different from those specified in Petitioner’s Individualized Education Program (IEP), Petitioner was not entitled to relief inasmuch as Petitioner could not show that the changes actually caused a deprivation of educational benefits.  While the School District impeded Petitioner’s opportunity to participate in the IEP decision-making process, it remedied the violations in later IEP meetings.  Additionally, while the School District changed the services provided to Petitioner, it offered alternative services reasonably calculated to compensate the student.