Tuesday, October 7, 2014

Should We File for Due Process?

Should We Threaten Litigation?
students in class with teacher
Never tell a school, or anyone else, that you plan to sue them. Play your cards close to your chest.  Don't initiate a due process hearing until you have exhausted other ways to resolve a problem.
Pete Wright explains why, in most cases, threatening to sue the school makes things worse.

parents at school meetingShould We Sue the School?

NO threats. You should never say anything that you cannot “back up” with data, statistics, or documentation.

"I never say anything in an IEP meeting that I am not prepared to do", says Advocate Susan Bruce. Hereis an option for resolving the dispute.

parent and teacher
File a State Complaint Under IDEA
State Complaints can address both individual and systemic issues and be used to resolve any matter related to violations of:

  • FAPE
  • child find
  • related services
  • ESY (regression and recoupment)
  • Identification
  • Lack of progress
  • Evaluation
  • Educational placement....
Attorney Jim Comstock-Galagan explains effective strategies when filing a state complaint.

If you have a question about due process or mediation, please contact Family Matters at (866)436-7842.



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