GED6056

5 Key Ideas

5 Key Ideas

• IEP can either be a smooth or rough process
• Factors that can cause disagreement between parents & the school
• Alternative dispute resolution
• Resolution and Due Process
• Lawsuit, State Complaint, OCR Complaint

IEP: Smooth or Rough Process

IEP can be a smooth process if:

• there is a good relationship between the parents and school staff
• there is trust between IEP members

IEP can be a rough process if:

• team members disagree
• team members are not open to other suggestions

Factors That May Cause

8 Basis of Disagreement

• (according to the study by Jeannie Lake)
• differing views about a child or a child's needs
• trust (basis for many of the conflict related issues)
• knowledge
• reciprocal power

8 Basis of Disagreement

• constraints
• knowledge
• valuation
• communication

Alternative Ways

Alternative Dispute Resolution

• Facilitated IEP -parents and school staff both agree to have a neutral person during IEP to assist them in the discussion
• Mediation -can be requested prior to filing a due process complaint; a voluntary process where a mediator helps the team to reach a solution

Resolution

Resolution

• a mandated meeting before due process
• school must hold the resolution meeting within 15 days from the time the parent filed for due process
• gives opportunities for both parties to explain themselves in order to resolve the issues

Resolution

• may be waived if both parties agreed to do so
• district can only invite an attorney if the parents invite one
• if parents and school reached an agreement, it must be put into writing

Due Process

• a formal and legal procedure to resolve a dispute between parents and school
• occurs when an agreement is not reached during resolution
• disputes can be about eligibility, placement, services, an/or support for the student

Due Process

• can be filed by both parents and school district
• student has the right to "stay put" and to continue to receive services until the due process hearing proceedings are completed

Lawsuit
State Complaint
Office for Civil Rights Complaint

Lawsuit

• this can be filed by the party who did not win the due process
• parents or school district has the right to file a lawsuit
• it can be filed in state or federal court within 90 days
• this requires a lawyer

State Complaint

• this can be filed as an addition to the other resolution procedures
• this is filed when parents feel that the school is in violation of IDEA and wanted the state to investigate it
• it can be filed within one year of violation
• can be filed by organizations or groups of parents

Office of Civil Rights Complaint

• a federal law that refers to Section 504 of the Rehabilitation Act
• this can be filed to protect students with IEP from discrimination
• filed at the Office of Civil Rights (OCR) of the U.S. Dept. of Education within 180 days of violation