Appeals and Expedited Due Process

September 2010 Both the LEA and the parent of the child with a disability have the right to file a due process complaint, which is the first step in requesting a due process hearing to appeal decisions taken during disciplinary procedures, although the reasons these parties may do so differ. As §300.532(a) makes clear: Parents may appeal decisions regarding placement of their children (under §§300.530 and 300.531); Parents may appeal decisions … [Read more...]

Child’s Placement During the Appeal Process

September 2010 This article addresses a common concern—the child’s placement during the appeal process. Where will the child be placed until a decision on the appeal is issued—the original placement from which the child was removed during the disciplinary action, the interim alternative educational setting (IAES) to which he or she has been removed, or another setting that the parents and the school system agree to? General Answer: The … [Read more...]

The Due Process Hearing, in Detail

September 2012So–we’ve arrived at the due process hearing, a longstanding option within IDEA for resolving disputes between parents and school systems. The two parties may have reached this point after unsuccessfully trying another of IDEA’s options for dispute resolution, or they may have waived those options and gone straight to the due process hearing. Regardless, the clock is now ticking on the timeline for holding a due process hearing … [Read more...]

Module 18: Options for Dispute Resolution

February 2008 English only slideshow Handouts for Participants in English and in Spanish Author Lisa Pagano Office of Special Education Programs U.S. Department of Education with special thanks to... Marshall Peter, Dick Zeller, Philip Moses, and John Reiman CADRE | Consortium for Appropriate Dispute Resolution in Special Education __________________________ Module 18 is all about IDEA's mechanisms for resolving disputes between … [Read more...]

Module 19: Key Issues in Discipline

by Renee Bradley Office of Special Education Programs U.S. Department of Education October 2007 English only slideshow Handouts for Participants in English and in Spanish Module 19 discusses IDEA's very specific procedures for disciplining students with disabilities who violate a code of student conduct. These have changed significantly from prior law, where they were first introduced. Can a school suspend or expel a student with a disability … [Read more...]

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