01/20/2023
Parents take note. When it comes to fighting for the special education needs of your children, you can't be too careful. The devil lurks in the details. At least this is one takeaway from a recent decision of the Fourth Circuit under the Individuals with Disabilities Education Act ("IDEA"). In short, the IDEA is the federal education law that secures the right of disabled children to obtain a free and appropriate public education and, in that context, allows parents to file a civil action in federal court for violations of the same. But, parents must be sure to appropriately follow the administrative process before going to court. In K.I. v. Durham Public Schools Board of Education, the Fourth Circuit affirmed the dismissal of a parent's action, in which the parent had claimed her autistic child was denied special education services. No. 20-1834 (4th Cir. Dec. 5, 2022). The reason? Even though the parent filed her notice of appeal timely and in the correct state administrative office, she did not copy the state education board's designee on the notice. Seems like a trivial procedural requirement, right? Well, it may very well have been, but it was also enough to lose the case. And, now, the child suffers from it. Please be sure you discuss your children's special education rights with an education lawyer before you face that devil.