Resolving Disputes about Educational Provision

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Resolving Disputes Between Parents and Schools

By Neville Harris, Sheila Riddell. Edition 1st Edition. First Published Imprint Routledge. The goal of mediation is to resolve the case by coming to a mutually agreeable settlement, which then takes the form of a written contract signed by both parties. Because this is a legal contract, which can be enforced in State or Federal court, it may be advantageous to be represented by an attorney.

State Departments of Education are required to maintain an updated list of qualified mediators who are knowledgeable about the laws and regulations pertaining to special education services, and the State is required to bear the entire cost of the mediation process, including meetings with impartial third parties to inform parents of the benefits of the mediation process. The mediation process must be scheduled in a timely manner, held in a location convenient to the parties involved, guarantee confidentiality of the participants, and use legally-binding written agreements.

Resolving a dispute about SEN decisions

In most states, the majority of disputes that go to mediation result in a settlement agreement between the school and the parents. If mediation fails, another form of dispute resolution available under the IDEA is the due process hearing. Unlike mediation, parents have a right to file for due process without agreement by the school district.

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Many parents retain an attorney to represent them in a due process hearing. Forms to request mediation should be available in each school district from the building administrator or special education director.

KSDE may also be contacted for these forms. Any individual or organization may file a formal complaint if they believe that the school district is not complying with Federal or State laws or regulations relating to special education. The Special Education Services Team at the Kansas State Department of Education must resolve a formal complaint within 30 calendar days from the date the complaint is received in the office, unless exceptional circumstances exist.

The due process hearing provides a forum where disagreements about the identification, evaluation, educational placement, and provision of a free appropriate public education for students with exceptionalities may be adjudicated.

Dispute Resolution Options | The Oklahoma Parents Center

Although Federal regulations refer to due process rights for educators and parents of students with disabilities, in Kansas those same rights are also afforded to students with giftedness. Every special education due process hearing and review must be provided for at no cost to the child or the parent of the child. The costs of the initial hearing must be provided for and paid by the school district except for attorney fees.

Family Provision claim process - Succession Act 2006 - Adrian Corbould, Accredited Specialist

Only as a last resort should the legal method of a special education due process hearing and appeal procedure be used. Parents considering a request for a due process hearing may want to consider consulting with an attorney who practices in special education law.