What right is being violated when a student with an IEP is not receiving services due to a delay in transferring documents?

• A. This student is not being denied FAPE, but the parents have the right to request an IEP review.
• B. This student is being denied FAPE, and the school district may be subject to legal consequences.
• C. This student is being denied FAPE, but the school district is not legally responsible in this case.
• D. This student is not being denied FAPE, but the school is making a poor decision.

Answer: (B)

The correct answer highlights a critical aspect of special education law concerning the provision of Free Appropriate Public Education (FAPE). When a student with an Individualized Education Program (IEP) is not receiving the services specified in that program due to delays in transferring documents, this constitutes a denial of FAPE. Under the Individuals with Disabilities Education Act (IDEA), schools are required to provide students with the services outlined in their IEPs without unnecessary delays.

If a delay causes a student to miss out on these essential services, it violates the student's right to receive an education that meets their unique needs as stipulated by their IEP. As a result, the school district could be held liable for this failure and may face legal consequences. The importance of timely access to the educational services ensures that students are supported in their learning, and any interruption can significantly impact their academic progress and overall development.

Understanding this right is crucial for ensuring that appropriate measures are taken to rectify the situation and that students receive the necessary support they're entitled to by law.