Clasen also asserts rights under the ADA and the Rehabilitation Act. For most of Clasen`s assertions under these statutes, it refers to most of the above facts. Clasen also argues that the defendants retaliated against him by announcing IEP meetings at times when he was unable to attend. The minutes show that the accused worked with Clasen to try to find a consensual time frame for organizing IEP team meetings. The teachers of the defendant district have a negotiated contract that prevents defendants from attending meetings after 4 p.m.m. As a result, IEP meetings generally do not begin after 4 p.m.m. As a result, there were challenges in planning IEP meetings with M.S. Clasen`s parents who wanted to meet in the evenings and on weekends, which the accused`s staff could not always do. The parties struggled to find agree dates for the IEP meetings in the spring of 2016. M.S.`s parents objected to the May 16, 2016 IEP meeting because Clasen could not arrive in time. The accused informed the parents that the meeting could not be moved, but that the parents could arrive too late to participate.
Padilla ex rel. Padilla v. Sch. Dist. Number one at City and Cty. by Denver, Colo., 233 F.3d 1268, 1270 (10th Cir. 2000) (internal quotations and omitted quotations). To meet Clasen, the accused held sessions that took place at more than 17:00 .m. In one case, the accused`s employees came on a snowy day to house Clasen. In the absence of further procedural or procedural breaches, the Court refuses to create an appeal for this harmless procedural defect.
Similarly, the reviewer concluded: „The inability of districts to perform a second ABF or give written prior notification to parents is a procedural error, but it does not reach the level of refusal of an FAPE. Nebo, 379 F.3d to 976 (referring to Daniel R.R., 874 F.2d at 1048-50). Garrison v. Gambro, Inc., 428 F.3d 933, 935 (10 cir. 2005). The following members of the IEP team testified that M.S. made their behaviour unsuitable for general mathematics and reading: Lori Gabrielson, Kathy VanDeest, Kim Pohl, Dean Stwalley and Christy Skelton. M.S. experienced an increase in the frequency and documented severity of behavioural disorders from January 2016. During the first class, M.S.
was sent to the office for eight specialized recommendations. On January 27, 2016, David Jennings – the principal of Maize Central Elementary School – decided, M.S.