What options are available when you can't resolve a problem or disagreement with your local district or charter school? As a general rule, it is best to try to resolve disagreements/complaints directly with the district/school when you can. This protects relationships with staff who may serve a student over many years, and gives schools and parents the opportunity to develop ways to work collaboratively in the best interest of the student. But when you think your child's educational future is at risk, and the issue is not getting resolved, you have procedural safeguards you can use as tools. These are important rights designed to protect the rights of children with disabilities and their parents. If you reach an impasse with the school/district, you might consider filing for due process.
Due process is available to both the parent or the school/district when there is a disagreement on how to best provide a student with a Free Appropriate Public Education (FAPE). The law provides different options for resolving disputes, starting with local resolution meetings or mediation (sometimes called pre-due process mediation) and moving to an actual hearing where a third-party judge or hearing officer makes a ruling (and this can be appealed through the courts). Decisions are binding for both parties.
But before filing for due process, there are important issues to consider. For example, make sure you have written documentation of an actual disagreement. Often, problems stay unresolved for months because no final decision by an administrator is ever made in writing or a parent has been unwilling to sign an IEP they disagree with. If you attempt to resolve a disagreement with an IEP team, and with the local administration, and can't find a solution, it may be time to move to due process, depending on how important or urgent resolving the issue is to you or your child. Sometimes families agree to try something else first, to see if this resolves the problem. But if the district is refusing to consider something you consider critical to securing a free, appropriate education (FAPE) for your child, they are:
- Required to state why they refuse and
- Give you the legal reasons and data used to make that decision.
So an important action step if the district is refusing or ignoring your request for changes to the IEP is to write and ask for "Prior Written Notice" (PWN) within a reasonably short window of time. This important document spells out the legal reasons why the district is making its decision.
You may also want to consider whether the team has adequate evaluation/assessment data, For example, you may get a Prior Written Notice or PWN form saying the student does not have needs in a particular area such as behavior or academics. Many disagreements arise because the district's evaluations don't support what a parent thinks the child needs. Everything in the IEP process starts with determining a child's strengths, challenges, and present levels of performance. When this criteria is not clear, the team often gets stuck. It is easy to say that a child is making progress if their IEP goals are based on low expectations or not individualized to their unique needs. To determine where the IEP team wants a child to be at the end of the school year in IEP goals, and what services, supports, accommodations and specialized instruction are needed to help the student meet these, the team needs to know where the student is starting from in all areas of need. Without this key information, the entire process of IEP development and implementation can be compromised. Are more evaluations needed? If so, ask in writing. The district must provide a written response within a specific timeframe. NOTE: You can find a sample letter to request additional assessments on our website.
If you disagree with the evaluations the school/district has completed, you might consider asking for an Independent Educational Evaluation (IEE) at public expense. This important right allows you to get "second opinion" evaluations from qualified assessors that you choose and the school/district pays for. Remember, for any evaluation that the school completed (speech, academic. behavior, psycho-educational, etc.), you have the right to request an independent assessment if you disagree. You can use DREDF's sample letters to guide you.
If a district refuses to fund an Independent Educational Evaluation (IEE), they have to file for "due process" to defend their assessments. They have to show the "burden of proof" that they met all legal requirements sufficiently. There are requirements for your choice of evaluator but the district must provide you with this information and cannot show you only their approved list. Contact your Parent Training and Information Center for more information about IEE's.
You may also want to request a complete copy of your child's cumulative and special education files (if applicable) before you decide whether to file for due process. This way you can review the most recent information that the district has about your child and share it with others who can help, including an attorney. You can find a sample records request letter on DREDF's website.
Due process hearings are intended to resolve disagreements. There are many steps along the way to hearing where you and the school/district can try to resolve the problem. But the right to a hearing is an important protection for families when the issue or disagreement is significant and your child is not getting the help they need to make meaningful progress educationally. Contact your PTI for more information and local referrals if needed.
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