

Disagree

A parent’s guide to previsions for
resolving differences with schools
according to IDEA
Presented by….
Laura Flores

Teacher & Mother of a very
special girl…Katie Bennett
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 ...
Is everything happening as it should?
Check list:
 You were informed about your child’s suspected
disability in a languag...
What can I do now?
The best way to resolve disputes is to
communicate. Attempt to build good
relationships with your child...
Put everything in writing..
• Speak with your educator then follow up with a
note or email.
• Make sure all correspondence...
Explain to your child’s educators why
you disagree with their decisions.
Example:
My child is experiencing severe regressi...
Provide specific examples of why you feel
your child’s educational needs are not
being met and offer solutions.
Examples:
...
Be clear about what you would like to
be different.
Examples:
1. I would like 15 minutes of one on one speech time per wee...
Plan B: When “nice” doesn’t work.
IDEA Provisions for resolving
disputes:
Filing a complaint with your state
Mediation
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 regula...
Here is a sample letter to show you
how it works!
•
•
•

Date
Parent name
Address

•

To whom it may concern:

•

I am wri...
When filing a complaint you must
document everything clearly…
•
•
•
•

Be sure to include
All dated correspondence
Records...
Make sure you send a copy of your
complaint to your school’s superintendent

Many times schools will present you with a pr...
Mediation
Mediation will be offered to you.
TEA will offer the mediation process as a way to
settle your dispute.
• This is at no co...
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 ...
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 repre...
What types of evidence is used?
•
•
•
•

Cumulative records
Referrals for assessment
Assessment reports
IEP goals and obje...
Each party
• prepares a brief (background information) for
the Impartial Hearing Officer
• Present witnesses for testimony...
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....
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A parents guide to ARD or Individual Education Planning Meeting

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A parent and educator created presentation for ARD or Individual Education Planning meetings.

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A parents guide to ARD or Individual Education Planning Meeting

  1. 1.  Disagree A parent’s guide to previsions for resolving differences with schools according to IDEA
  2. 2. Presented by…. Laura Flores Teacher & Mother of a very special girl…Katie Bennett
  3. 3. 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….
  4. 4. 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.
  5. 5. 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.
  6. 6. 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.
  7. 7. 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.
  8. 8. Provide specific examples of why you feel your child’s educational needs are not being met and offer solutions. 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.
  9. 9. 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.
  10. 10. Plan B: When “nice” doesn’t work.
  11. 11. IDEA Provisions for resolving disputes: Filing a complaint with your state Mediation Due Process Hearing
  12. 12. Filing a complaint
  13. 13. 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… Compliance Compliance Compliance
  14. 14. 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….
  15. 15. 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 Agency Division of IDEA Coordination 1701 North Congress Avenue Austin, Texas 78701-1494
  16. 16. 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.
  17. 17. Mediation
  18. 18. 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.
  19. 19. Due Process Hearing
  20. 20. Due Process Hearings are very expensive: • The costs are…. Money Stress Court Delays
  21. 21. 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.
  22. 22. Many times parents use due process hearings when bringing a Class Action law suit against a district or state.
  23. 23. 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.
  24. 24. What types of evidence is used? • • • • Cumulative records Referrals for assessment Assessment reports IEP goals and objectives, progress reports and discipline reports
  25. 25. Each party • prepares a brief (background information) for the Impartial Hearing Officer • Present witnesses for testimony • Parties are given the chance for cross examination
  26. 26. The IHO makes a ruling based on Administrative Laws
  27. 27. Both parties have the ability to appeal the ruling:
  28. 28. 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
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