Disagree

A parent’s guide to previsions for resolving differences with schools

according to IDEA

Presented by….

Teacher & Mother of a very special girl…Katie Bennett

Laura Flores

So you don’t like your child’s IEP

• Try to resolve the issues the “nice” way.• Educators are people too.• It’s in your child’s best interests for everyone

to agree and work together.• Here are some suggestions that may work….

Is everything happening as it should? Check list:

You were informed about your child’s suspected disability in a language you understood.

You gave your consent to have your child evaluated. Your child was assessed in all areas of suspected

disability. The results of the assessments were explained to you. Your input was considered in the Individual Educational

Planning process. Accommodations were made for you if you have any

disabilities.

What can I do now?The best way to resolve disputes is to communicate. Attempt to build good relationships with your child’s educators. Many times there are factors at work that your child’s educator is unable to share with you. Don’t assume your child’s educator doesn’t agree with you.

Put everything in writing..

• Speak with your educator then follow up with a note or email.

• Make sure all correspondence contains the date!• Keep excellent records!Believe me!

You will be taken seriously.Think, it didn’t happen unless it’s in writing.

Explain to your child’s educators why you disagree with their decisions.

Example:

My child is experiencing severe regression at home. She has begun displaying great frustration such as smearing feces and temper tantrums. She needs the structure a school setting can provide. Please reconsider providing Extended Year Services for her.

Examples:• Johnny is having trouble forming his “R’s”. His brother helped him at

home by playing cars with him and making the “r” sound. If Johnny had a speech therapist working with him he might be able speak clearly and be understood.

• Katie’s appears to be very low functioning. As you get to know her you will see she has a lot going on inside. If she had one on one speech therapy the speech therapist would get a better picture of her capabilities and design better interventions.

• Alex is easily distracted in math class. When I work with him at home by himself he seems to understand. I think he might benefit from some one on one help.

Provide specific examples of why you feel your child’s educational needs are not

being met and offer solutions.

Be clear about what you would like to be different.

Examples:1. I would like 15 minutes of one on one speech time per week for

my child in addition to the group speech therapy she is currently receiving.

2. I would like sensory equipment such as a platform swing, mini trampoline and a weighted blanket to be provided for my child when she needs to calm down.

3. I would like my child to participate in the home economics class designed for special needs students to learn cooking skills.

Plan B: When “nice” doesn’t work.

IDEA Provisions for resolving disputes:

Filing a complaint with your stateMediation

Due Process Hearing

Filing a complaint

The easiest, most expedient way to resolve an IDEA violation is to file a complaint with

the state.

• In Texas, the regulating agency is the Texas Education Agency(TEA).

• It’s like the IRS for educators…

ComplianceCompliance

Compliance

Here is a sample letter to show you how it works!

• Date• Parent name• Address

• To whom it may concern:

• I am writing to file a complaint against the ________ ISD. My son, Scott, is eight years old and attends the third grade at City Elementary School. Scott qualifies for special education services as a student with an orthopedic impairment.

• On February 12, 2010 my son Johnny was unable to go on a class field trip because the bus was not wheel chair accessible…

• I am requesting an investigation….

When filing a complaint you must document everything clearly…

• Be sure to include• All dated correspondence• Records• Attempts to reconcile with your school district

Here’s the address:

Texas Education AgencyDivision of IDEA Coordination1701 North Congress Avenue

Austin, Texas 78701-1494

Make sure you send a copy of your complaint to your school’s superintendent

Many times schools will present you with a proposal for Early Resolution Process(ERP). They will attempt to settle with you within the 60 period TEA has to respond to your complaint.

Mediation

Mediation will be offered to you.

TEA will offer the mediation process as a way to settle your dispute.

• This is at no cost to you.• This is at no cost to your school.• The mediator will not take sides.• He/she will attempt to resolve the problem through compromise.

Due Process Hearing

Due Process Hearings are very expensive:

• The costs are….

Money Stress Court Delays

When is a due process hearing appropriate?

• When you feel your child’s IEP is not being implemented appropriately

• Your child is being denied a Free Appropriate Public Education (FAPE)

• You disagree with the school about what teaching methods that are appropriate for your child.

• The school district has failed to provide necessary support services such as speech or physical therapy.

• You have tried to work with the district and have been unsuccessful.

• The disagreement is so severe it requires a impartial hearing officer to resolve it.

Many times parents use due process hearings when bringing a Class Action

law suit against a district or state.

A due process hearing is similar to any other civil lawsuit.

• Either party may be represented by an attorney or may represent themselves.

• Plaintiff (parent) states the complaint against the defendant (school district).

• The burden of proof is on the Plaintiff.• Both parties are given the opportunity to state

their cases.• Each must prove his allegations with supporting

evidence.

What types of evidence is used?

• Cumulative records• Referrals for assessment• Assessment reports• IEP goals and objectives, progress reports and

discipline reports

Each party

• prepares a brief (background information) for the Impartial Hearing Officer

• Present witnesses for testimony• Parties are given the chance for cross

examination

The IHO makes a ruling based on Administrative Laws

Both parties have the ability to appeal the ruling:

Resources:

• Advocacy Inc. www.advocacyinc.org• Texas Education Agency www.tea.state.tx.us• IDEA 2004 http://idea.ed.gov• Center for Appropriate Dispute Resolution in

Special Education (CADRE) www.direectionservices.org/CADRE/

• Life Experience