What is a parent supposed to do when the school does not comply with the IEP or your child is not receiving FAPE? Many other problems can arise and do occur when you are dealing with the public school system. What happens when there are disagreements between the parents and school? When Congress amended the IDEA, they added mediation as a procedural safeguard to resolve disputes between parents and schools.
What is mediation? How does it work? Can it help? Should you request mediation? How are mediators trained? Are mediators really impartial? What do you need to know about mediation? These any many other answers are posted at: wrightslaw.com
Mediation- Articles, Tactics & Strategies, Legal Resources, Books
IDEA includes other rules for resolving disputes between parents and schools. They consist of due process hearings and appeals to state or federal court.
Due Process- Articles, Caselaw
Have you ever done Mediation or gone through Due Process? We have not, but I have many friends that have and their child has benefited from it. Some friends were not as lucky when they tried Mediation or Due Process. Fortunately our problems were generally eliminated when my son went to middle school because they followed through on his IEP (elementary school is still a thorn in my backside to this day). I have been told that it is a long grueling process, but the parents did say it was worth it in the long run because they would do anything for their child.
Would we go through Mediation or Due Process? Yes, we almost did, but sometimes you can find a school counselor or case worker that understands your child's needs and the teachers follow through with the IEP. We were lucky. How lucky are you?
Have you done Mediation or Due Process?
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2 comments:
Good point. I totally agree w/ having a mediator for many parents since not many parents have enough knowledge on IEP's to know to stand up for their child's rights. My husband is a special education teacher and I used to be and it amazes me how school districts try to put the child into the most restrictive environment and so many parents don't know any better than to say no, I don't agree with that.
Yaya-
I don't know why parents do not educated themselves about their child's needs and special education. They think the school will do everything correctly and many parents have found that they don't unless they know their rights and what their child needs are. So sad.
Here the schools try to put the special needs students into environments that do not benefit the child. Of course the child does not progress and behavior problems happen. It's a never ending problem. :(
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