Special EDition: June 2013 -- Due Process

From Disability Rights Education and Defense Fund (DREDF)

Disagreements are a fact of life, but for children with disabilities, time and appropriate help are so important that Congress included a set of "Procedural Safeguards" (formal steps to take when you have concerns about what the school district is offering or refusing to do) in IDEA to make sure that a child's right to a Free Appropriate Public Education (FAPE) is protected. Filing for due Process is a key part of those safeguards.This month's Special EDition discusses due process hearings under IDEA (Individuals with Disabilities Education Act).

What is Due Process?
Whenever possible, it is best to try to work out disagreements related to special education directly with the school district and IEP team. However, when this does not work, you are NOT powerless. The next step to consider is filing for "Due process" (this includes whether or not your child is eligible for services at all). Due Process is a legal term that describes a government's commitment to a system of fair procedures to uphold a citizen's legal rights. In the context of IDEA and special education, due process ensures that your child with a disability (or suspected disability) receives an appropriate education based on his/her individual needs by outlining a process of steps to take when disputes arise ending in a formal hearing where a judge makes the final determination. A due process hearing is a way for you to resolve disagreements with your school district when you can't find a solution through the IEP process.

Read more HERE.

Tips for IEP, IDEA and 504 via Wrights Law

By Marianne from TheCoffeeKlatch

Ten Tips For Special Education Advocates

Remember, your goal is to assist parents in achieving an appropriate education for their child.

1. Good advocates facilitate the IEP process.

Advocates must set an example for the entire IEP Team. They must be a role model of behavior for the parent. Challenging school experts, demeaning school staff, or being inconsiderate or impolite, will not advance the child’s cause. Your goal is to get better school services for the child. Good advocates ask questions and make valuable suggestions to advocate for a child. It is okay to disagree. It is not okay to put down or verbally attack someone.

2. Good advocates know the child and understand the disability.

Do your homework before you attempt to advocate for the child. Research the child’s disability. Be ready with ideas about instructional methods that are research-based and peer-reviewed. Meet the child and the family in the home environment. Put off making recommendations until you fully understand how the child’s disability affects his or her life and education.

3. Good advocates try to reduce existing barriers between the parent and the school.

Your goal is to bring the school and the parent closer to agreement. Good advocates explain to parents that negotiation is part of the IEP Team process – and a part of life! Pouring gasoline on a fire ensures that everyone gets burned and does not improve the child’s lot.

Read more HERE.