Anyone have tips on going through due process with a school board?

Question

I want to sue my school district for not implementing my childs IEP leading him to act out at school which the school punished him for.

Answer 1

You have a big task in front of you. I have been in a similar situation, but resolved it in the resolution meeting.

Does your child have a Behavior Intervention Plan? Did you ever have a Manifestation meeting?

I would go to wrightslaw.com and read all you can to prepare yourself. Organize all your files.

I retained a free lawyer through an advocacy group in Florida. There may be something like this available to you locally.

Decide what you want to get out of the suit. Decide what are you hoping that the administrative judge will decide. Then figure out if that will resolve your problem. I know some parents who have won the suit, but the school still ignores the judges orders. Other parents have won their court cases years after the child has graduated from school or after their child has suffered irreversable harm.

I don't mean to discourage you from your task, but this is the time to set some realistic expectations for yourself and to ask yourself whether this is the right course for you.

Good Luck in whatever path you choose.

Answer 2

Just know this is a difficult situation. No one ever wins because you as a parent will continually need to ensure the school district is providing what is in the IEP. Fortunately, people inadventerntally tell you things so you do find out.

I recently helped my best friend through a due processes. I told her to seek out a lawyer. I went as an advocate many times, then realized after 4 times of discussing the IEP, we still did not receive the changes necessary such as the behavior management plan which he desperately needed due to his autism. Let me give you some helpful hints before you hire a lawyer.

1. Start a letter writing campaign. You must place everything with a letter. Follow up a phone conversation with a letter detailing what you heard, what you stated so the matter would move to resolve.

2. Begin to contact people on a weekly basis. Follow up Follow up.

3. Keep a marble copy book and log, date, time and incident. IF someone calls you or you receive a document from the teacher regarding behavior, place it in this book and attach it.

4. Meet with the district 2 times. The first time listen to what they are going to offer you. They MUST offer you more than one choice. At the meeting make your requests known and only discuss your "son". This meeting is about his needs only. Refrain from allowing people to go off topic or ask you questions that do not directly involve your son.
At the second meeting bring your notes along with the previously drafted IEP. Were there changes? Note positives and then make a request for the changes. Give 1 week and follow up with a letter. Thereafter, contact a lawyer and provide him with your notes, letters you received and a timeline of events. The lawyer will direct you!
5. If you have done these things, seek counsel.

Best wishes.

Answer 3

I would make sure you have a copy of your child's IEP and also request documentation/data from the IEP manager which demonstrates that they have been monitoring your child's goals with data and can show progress( or if no progress what did they change?). Was there a behavior intervention plan in place? If so was it followed when your son exhibited his behaviors? Were you aware of the plan? All of these questions should be answered before you go there so you are well informed. Of course this varies from state to state but this is general information. You should also check with a parent advocacy group such as PACER who can specifically guide you through the process

Answer 4

I would get all of the documentation that you can from the school, I would also document everything that you have that has come from the school and most importantly...GET AN ADVOCATE!! You will more than likely get your way due to the fact that school districts usually cowar when faced with a law suit.

Good Luck on your quest to do the best for your child. I will all parents of special needs children would do them same. Then maybe the school districts would get the necessary equipment and supplies needed to service the kids properly.

Answer 5

The school can be held accountable since under the ADA(Americans with Disabilities Act) children with documented special needs are entitled to certain services or resources. I would address this with the state board of education before you pour your financials into hiring a lawyer and see if you can get some recourse before involving lawyers.

Answer 6

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Answer 7

please go to www.schwablearning.org and sign up for free to post on their parent to parent message board. There's quite a few parents there who have been thru DP.
Your situation is very common all over the US.