Hey all, so here’s the situation: The TEA asked our school district (LEA) to produce copies of any prior written notices (PWN) for the removal of services for a child in SpEd. The problem is, we know they didn’t provide any written notice before the meeting. During the meeting, they just said, ‘surprise!’ and suggested removing services. Anyone know what could happen to the school if they never informed the parents beforehand? Also, they didn’t provide any data collection to support the removal… Is that a violation of FAPE? Could this be discrimination? Really trying to get a better understanding of the situation, any insight would be super helpful! Thanks so much 
Wow, that sounds pretty shady. If they didn’t give prior notice, that’s a big issue. Under IDEA, they’re supposed to give parents notice at least 5 days before making changes. Not doing that could lead to noncompliance from the TEA and possible corrective actions. They might even have to provide compensatory services to the student.
@Charlie
Yeah, definitely sounds like they messed up there. And not providing data to back up the decision could be a major FAPE violation. They need to base those decisions on solid evidence, not just gut feeling.
@Charlie
Exactly! Without the data, it could definitely be seen as a denial of FAPE. They might be in serious trouble if the parents take it further.
I’m no expert, but this could definitely be a form of discrimination, especially if the services are removed without following the right process. Schools are required to treat students with disabilities fairly, and not following the rules might be seen as discriminatory.
@Ash
Yeah, if they’re not following the rules, that could be seen as treating the student unfairly based on their disability. Not good!
@Ash
Exactly! If they don’t follow the legal process, they could be violating the student’s rights and that can be considered discrimination under Section 504 of the Rehabilitation Act.
I think you’re on the right track asking if this is a violation of FAPE. If they’re not providing prior written notice and they don’t have data to back up their actions, they might be violating the law. This could also lead to some serious legal consequences for the school if the parents decide to file a complaint.
@Keller
For sure! They could even end up in a due process hearing if the parents push for it. Not a situation you want to be in.
Stay Put Rights are a whole other thing. If they denied those, that’s a huge red flag. ‘Stay Put’ means the student stays in their current placement unless the parents agree to the change. If they said that doesn’t apply, they could be in trouble. Sounds like they’re trying to sweep things under the rug… not good!
@Frankie
Exactly! We were shocked when they said that. It felt like they were just trying to push the changes through without any real conversation. I’m definitely going to look into this more.
@Frankie
Yeah, they really shouldn’t be doing that. It’s all about transparency with these decisions. If the parents aren’t fully informed, that’s a big issue.
Honestly, it sounds like the school really dropped the ball on this one. They should’ve been transparent about everything, given proper notice, and supported their decision with solid data. The fact that they didn’t could be a big issue for them moving forward.
@Mal
Yeah, if I were the parents, I’d be really frustrated right now. This could definitely cause more problems for the school down the road if they don’t handle it right.