District Violated FAPE by Failing to Notify Both Parents Before Ending Special Ed

What Happened

Student was a 14-year-old ninth grader with ADHD and narcolepsy who had been found eligible for special education under the category of "other health impaired." His primary challenge was severe difficulty waking up in time for school, which caused chronic poor attendance. Student's parents were going through a contentious divorce and were living separately, but both held equal legal authority over educational decisions. In August 2015, the IEP team placed Student in general education with 75 minutes per day of specialized academic instruction in a resource room. Despite this plan, his attendance and grades continued to suffer.

On the morning of November 4, 2015, Mother visited the district's special education coordinator, told him she did not want Student's IEP revoked, and left for work — not knowing what was about to happen. That same morning, the coordinator called Father and told him that if Student wanted to transfer to Independence High School for a later start and independent study, Father would need to revoke the IEP. Father, who was unfamiliar with special education law and was relying entirely on district staff for guidance, revoked consent via email within hours. The district terminated Student's special education the very next day, November 5, 2015 — sending prior written notice only to Father, and only by mail, which meant it arrived after services had already ended. Mother did not learn what had happened for several weeks.

What the District Did Wrong

Failure to notify Mother. Federal and state law require prior written notice to be given to parents — not just one of them. The district knew both parents had equal decision-making authority and knew their separate addresses. The special education coordinator sent the termination notice only to Father and never sent anything to Mother. The ALJ found that the district failed to meet its legal obligation to notify both parents.

Failure to provide notice a reasonable time in advance. The notice was mailed on November 4, 2015, and services were terminated on November 5, 2015 — before Father could have even received it. The law requires that prior written notice be given before a change takes effect, so that parents have time to evaluate the decision and raise concerns. Mailing a notice the day before termination, with a response deadline of the next day, entirely defeated the purpose of the requirement.

Significant impediment to parental participation. Because Mother received no notice, she had no opportunity to speak with Father, consult the full IEP team, or explore alternatives — such as arranging a later school start at Roseville High, which Student later received at a different district school under a 504 plan with positive results. The ALJ found that the district's coordinator also failed to accurately communicate to either parent that students could have IEPs at Independence High, leading both parents to make a decision based on incorrect information. A proper IEP team meeting, which was never convened, could have surfaced less drastic solutions.

Educational harm. Without special education support, Student's program at Independence High had little structure. He was expected to complete 30 hours of homework per week independently, without the daily specialized academic instruction and help with organization and work completion that his IEP had provided. The ALJ found it more likely than not that Student would have received a more effective education had the district complied with its notice obligations.

What Was Ordered

1. The district must provide Student 146.25 hours of one-to-one academic tutoring, to be completed by October 30, 2019.
2. The tutor must hold credentials equivalent to or better than a Roseville resource specialist.
3. Subjects covered must match what would have been taught in Student's resource class under his IEP.
4. Mother selects the days and hours for tutoring, within reasonable accommodation of the tutor's schedule.
5. The tutor may be a district employee or an independent contractor; if Student moves out of the district, an independent contractor must be used.
6. The terms of the order may be modified by written agreement of both parties, including through a new IEP.

Why This Matters for Parents

1. Both parents must receive prior written notice — even when only one parent revoked consent. If you share educational decision-making authority with another parent, the district is legally required to send required notices to both of you, at your separate addresses. If you are divorcing or separated, make sure the district has your current contact information on file and explicitly confirm in writing that you expect to be copied on all notices.

2. "Prior" written notice means truly in advance — not the day before. The law requires the district to notify you before making a change, with enough time for you to ask questions, consult resources, or take action. A notice that arrives after the change has already happened is no notice at all. If the district acts without giving you meaningful advance warning, that is a procedural violation that can support a FAPE claim.

3. You are entitled to an IEP team meeting before major changes are made, even in response to a revocation. In this case, no IEP team meeting was ever held to discuss alternatives to ending special education. Parents — including a parent who has not revoked consent — can request an IEP meeting at any time. That meeting could have surfaced options like a later school start or a modified placement that nobody considered.

4. If one parent is pressured or misled into revoking consent, that may not be the end of the story. Father revoked consent based on what the ALJ found was inaccurate information coached by a district employee. If you believe a consent revocation was made under false pretenses or without full information, consult a special education advocate or attorney — the revocation may be challengeable, and the district's failure to follow proper procedures can render the termination legally invalid.