Due Process, IEP, Advocate, what can you tell me?

Question

What can you tell me of the process of Due Process, Disagree with IEP, Mediation, Do I talk to District while in process? Do's and donts. Please share as much as you can...

My child is higher functioning Autistic.

Answer 1

Well if you are getting a lawyer or advocate and can afford to have them do most of the talking for you this is what I generally have seen.

You need to keep open communication one way or the other with the district through the whole process and most will try to compromise and keep it from going to due process so they will want to meet in mediation or off the record to see if there is room to come to agreement. In some cases the parents do this and in some cases they send their advocates or attorneys.

The more open you can be about what you disagree with, what you want any areas of possible compromise.. or that there is no area for compromise the better as it will be more clear to everyone the need or not of going to due process.

Also check out www.wrightslaw.com as they have lots of great information on due process and tips for navigating the process while advocating for your child.

Answer 2

All these things are mandated by federal special ed law IDEA 'individuals with disabilities education act'

The best site to learn about the laws is www.wrightslaw.com

This law mandates that everything has to be done in a step by step process, going up the 'chain of command' so to speak.

If you skip one step, nothing further can be done until you go back and do all steps.

1. If you disagree with IEP,  do this IN WRITING to the district special ed director. Date the letter, state what you are disagreeing with and why. Keep a copy of this for yourself.

Please do NOT sign an IEP plan if you do not agree with any part of it. If you already have you can write to district sped director and retract your written agreement.

2. Also in this letter,  request 'prior written notice' for the districts decision of __________

In other words, what ever they are wanting to do or not do that you DISAGREE with.

3. This is a BIG parental safeguard taht many people dont' understand. They have to have LEGAL reasons for wanting to do or not do something. And if they DON"T have legal reasons (and this happens more often than not) they should change their minds and do what you request because they will NOT put ILLEGAL reasons in writing in this prior written notice.

4. You have to request this BEFORE taking any other action such as requesting mediation, due process, complaints, etc. It is like the 'chain of command' so to speak.

5. When you get your prior written notice from the school and they still do not want what you request,  You will need to check with your state dept of education to make sure the school give you LEGAL reasons on this prior written notice.

5. If their reasons are NOT illegal, NEXT you can request mediation (but in most cases it does no good, some people just skip this and to straight to due process)

6. In some cases, filing a formal state complaint is a part of this whole process. It is according to what the situation is , though.

If you need more help email me  [e-mail]