District Denied FAPE by Skipping IEP Meetings and Failing ABA Program — But Also Won Key Issues

A student with autism and mild intellectual disability in the San Miguel Joint Union School District went over a year without a single IEP meeting after a 2006 settlement agreement set up a home-based ABA program. The district failed to hold required IEP meetings, develop annual goals, or consistently implement the intensive behavioral program. The ALJ ordered the district to fund 12 months of compensatory residential placement at Heartspring School in Kansas, but reduced the award by five months due to the parents' own delay in raising concerns.

What Happened

Student is a teenager with autism and mild intellectual disability who had been receiving special education services since age three. In February 2004, Parents removed Student from his school placement, and in May 2006 the parties reached a settlement agreement to resolve prior due process cases. That agreement required the district to fund an intensive, home-based ABA (Applied Behavior Analysis) program run by a Board Certified Behavior Analyst (BCBA), Dr. Carlson, for seven hours a day during the school year — along with a commitment to eventually fund a residential placement at one of several named facilities. The agreement was supposed to serve as Student's educational program until he transitioned to his high school district at age 14½ in early 2008.

What followed was over a year of missed IEP meetings, inconsistent aide staffing, and a chaotic home environment that repeatedly disrupted the program. The district never convened a single IEP meeting from May 2006 until November 2007, never developed written annual goals, and Dr. Carlson struggled to hire and retain trained aides. The district filed for due process in January 2008 seeking confirmation that its November and December 2007 IEP offers provided FAPE. Parents filed their own complaint in March 2008, arguing the district had denied Student a FAPE throughout the entire period. The cases were consolidated and heard together.

What the District Did Wrong

The ALJ found multiple, serious FAPE violations. Most significantly, the district went from May 2006 to November 2007 — over 17 months — without holding a single IEP meeting, developing any present levels of performance, or writing measurable annual goals. The settlement agreement could not legally substitute for a full IEP, and the district's failure to hold annual meetings and develop goals deprived Student of an objective way to measure progress and deprived Parents of any meaningful role in the IEP process.

The district also failed to consistently implement the intensive ABA home program. After the initial aide left in late 2006, Dr. Carlson struggled for months to hire and retain replacement aides, leaving Student with little to no direct services for extended periods — a material deviation from the seven-hours-per-school-day program the settlement required. The district also failed to follow the settlement's requirement that if Dr. Carlson became unavailable, a mutually agreed-upon replacement BCBA would be hired.

The November 2007 IEP was found deeply flawed: it was noticed only one day in advance (parents were not present), Dr. Carlson was not included despite being Student's service provider, it used stale 2006 goals with no current data, omitted the required residential placement, offered DIS therapies with impossible service durations, and failed to include aide support for transportation — all denials of FAPE. The December 2007 IEP had similar problems: the residential placement was again omitted, DIS services were offered without proper assessment, and no transportation aide was provided. The district prevailed only on the January 2008 IEP's transfer to the high school district and on whether short-term denial of family visit funding constituted a FAPE denial.

What Was Ordered

The district shall fund Student's residential educational placement at Heartspring School in Kansas for 12 consecutive months beginning August 1, 2008.
The district shall have no further legal responsibility for Student's education after February 29, 2008, except as ordered.
The district shall convene a joint IEP meeting with the receiving high school district within 30 days of the decision to implement, supplement, and monitor the compensatory placement.
During the funded placement period, the district shall pay for at least two, and up to four family visits per year for Student's family to visit him at the residential facility, plus two visits per year for Student to return home — including round-trip transportation, lodging, and per diem meals for two people.
If the IEP team agrees to change the residential placement location, the district's funding obligation transfers to the new facility for the remaining compensatory period.
Student's request for a monetary award in lieu of compensatory services was denied.

Why This Matters for Parents

A settlement agreement is not a substitute for an IEP. The ALJ was clear: even a detailed, carefully negotiated settlement cannot replace a legally compliant IEP. The district was still required to hold annual IEP meetings, develop present levels, and write measurable annual goals — and its failure to do so was a denial of FAPE even when a home program was actually running.
Parents who stay silent about violations can have their remedies reduced. The ALJ specifically reduced the compensatory education award by five months because Parents knew IEP meetings were required and never directly contacted the district, their attorney, or advocate to demand one. If you see violations happening, document them in writing and request action — don't wait.
Your child's service provider must be at IEP meetings. The district held a November 2007 IEP without Dr. Carlson — the person actually delivering Student's program — and the ALJ found this denied Parents meaningful participation. The special education teacher or provider who works with your child has a legally required role on the IEP team.
IEP meeting notices must be genuinely mutual — not one-sided. The district gave one day's notice of the November IEP meeting and refused to reschedule the December meeting despite a severe storm making travel unsafe. Both were found to be procedural FAPE violations. Districts must make real efforts to find mutually agreeable times, and courts look at the paper trail of those efforts.
Compensatory education can fund residential placement. When a district's failures are serious and prolonged, an ALJ can order the district to pay for a residential school program as a remedy — not just additional tutoring or therapy hours. In this case, 12 months of out-of-state residential placement at Heartspring was ordered, along with funded family visits.

What Happened

What the District Did Wrong

What Was Ordered

The district shall fund Student's residential educational placement at Heartspring School in Kansas for 12 consecutive months beginning August 1, 2008.
The district shall have no further legal responsibility for Student's education after February 29, 2008, except as ordered.
The district shall convene a joint IEP meeting with the receiving high school district within 30 days of the decision to implement, supplement, and monitor the compensatory placement.
During the funded placement period, the district shall pay for at least two, and up to four family visits per year for Student's family to visit him at the residential facility, plus two visits per year for Student to return home — including round-trip transportation, lodging, and per diem meals for two people.
If the IEP team agrees to change the residential placement location, the district's funding obligation transfers to the new facility for the remaining compensatory period.
Student's request for a monetary award in lieu of compensatory services was denied.

Why This Matters for Parents

A settlement agreement is not a substitute for an IEP. The ALJ was clear: even a detailed, carefully negotiated settlement cannot replace a legally compliant IEP. The district was still required to hold annual IEP meetings, develop present levels, and write measurable annual goals — and its failure to do so was a denial of FAPE even when a home program was actually running.
Parents who stay silent about violations can have their remedies reduced. The ALJ specifically reduced the compensatory education award by five months because Parents knew IEP meetings were required and never directly contacted the district, their attorney, or advocate to demand one. If you see violations happening, document them in writing and request action — don't wait.
Your child's service provider must be at IEP meetings. The district held a November 2007 IEP without Dr. Carlson — the person actually delivering Student's program — and the ALJ found this denied Parents meaningful participation. The special education teacher or provider who works with your child has a legally required role on the IEP team.
IEP meeting notices must be genuinely mutual — not one-sided. The district gave one day's notice of the November IEP meeting and refused to reschedule the December meeting despite a severe storm making travel unsafe. Both were found to be procedural FAPE violations. Districts must make real efforts to find mutually agreeable times, and courts look at the paper trail of those efforts.
Compensatory education can fund residential placement. When a district's failures are serious and prolonged, an ALJ can order the district to pay for a residential school program as a remedy — not just additional tutoring or therapy hours. In this case, 12 months of out-of-state residential placement at Heartspring was ordered, along with funded family visits.