Filing a State Complaint

September 2012This information in Spanish | Esta información en españolState complaints are an important procedural safeguard in IDEA, because they give individuals and organizations a mechanism through which they can address special education conflicts and resolve disputes. The complaint resolution process tends to be less intimidating than a due process hearing and is an alternative to it.Interestingly, the IDEA statute does not include State … [Read more...]

State Complaint, in Detail

September 2012 A state complaint is very much what it sounds like-–a letter you’d write to an official state agency to report an issue, conflict, or problem. Any organization of individual may file a state complaint (including those from another state). This makes state complaint an important mechanism for resolving disagreements between schools and others (such as parents or organizations). There are other mechanisms for resolving disputes, … [Read more...]

IDEA’s Regulations on State Complaint

September 2012 IDEA's final Part B regulations addressing the state complaint process are found at §300.151 through 300.153. Word for word and in their entirety, the regulations read: _________________________ State Complaint Procedures §300.151 Adoption of State complaint procedures. (a) General. Each SEA must adopt written procedures for— (1) Resolving any complaint, including a complaint filed by an organization or individual … [Read more...]

Mediation

September 2012 This information in Spanish | Esta información en español IDEA requires public agencies (school systems) to have procedures to make mediation available to parents and public agencies to resolve a dispute involving any matter arising under Part B, including matters arising prior to the filing of a due process complaint. Mediation is entirely voluntary. While each mediation situation is unique, generally both parties to the … [Read more...]

Mediation, in Detail

September 2012You can tell just by the title of this article that you are now entering a detailed discussion of the mediation process under IDEA.What is mediation?Benefits of mediationStats on use of mediationWhen is mediation an option?When is mediation not available?SEA’s obligations for mediation processWhat happens at mediationConfidentiality of info shared during mediationEnforcing the mediation agreementTo read IDEA’s exact words, visit IDEA’s Regulations … [Read more...]

IDEA’s Regulations on Mediation

  IDEA's final Part B regulations addressing the mediation are found at §300.506. Word for word, and in their entirety, the regulations read: §300.506 Mediation. (a) General. Each public agency must ensure that procedures are established and implemented to allow parties to disputes involving any matter under this part, including matters arising prior to the filing of a due process complaint, to resolve disputes through a mediation process. (b) … [Read more...]

The Due Process Complaint

September 2012This info in Spanish | Esta información en españolA due process complaint is pretty much what it sounds like: a letter/complaint filed by an individual or organization on matters of conflict related to the identification, evaluation, or educational placement of a child, or the provision of a free appropriate public education (FAPE) to the child.IDEA requires school systems (called public agencies) to have procedures in place that … [Read more...]

Due Process Complaints, in Detail

September 2012Due process is a longstanding approach within IDEA to resolving disputes. This article will take you through through the key points and content of IDEA’s provisions regarding due process complaints.Changes in due process in IDEA 2004What is a due process complaint?Who may file a due process complaint?What information must the complaint contain?Deciding sufficiency of the complaintWhen may the due process complaint not be used?What … [Read more...]

IDEA’s Regulations on Due Process Complaints

September 2012 IDEA's final Part B regulations addressing the due process complaint are found at §§300.507 through 300.509. Word for word, and in their entirety, these regulations read: ______________________________________________ §300.507 Filing a due process complaint. (a) General. (1) A parent or a public agency may file a due process complaint on any of the matters described in §300.503(a)(1) and (2) (relating to the identification, … [Read more...]

The Resolution Process

September 2012 This information in Spanish | Esta información en español IDEA now requires that school systems convene a resolution meeting within 15 days of receiving notice that a parent has filed a due process complaint and before the school system initiates the due process hearing hearing. The resolution process became part of IDEA in its most recent amendments (2004).  The purpose of the resolution meeting is for parents to discuss … [Read more...]

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