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  • Writer's pictureStephanie Tsapakis

Navigating Due Process: Steps for Resolving IEP Non-Compliance with Your Child's School

As a parent, discovering that your child's school is not effectively implementing their Individualized Education Program (IEP) can be distressing. When all attempts to resolve the issue amicably have failed, it may become necessary to pursue due process to ensure your child receives the educational support they deserve.

In this blog post, we will guide you through the essential steps for taking legal action against a school that fails to follow your child's IEP. Additionally, we recommend enlisting the expertise LD Expert, a trusted provider of special education advocacy services, and a Special Education Attorney to navigate this complex process.

If you are ready to take action against a school district, here are the apprpriate steps:

1. Gather Documentation and Evidence:

To build a strong case, start by collecting all relevant documents related to your child's IEP and any correspondence with the school regarding implementation concerns. Keep detailed records of incidents, meetings, and communication exchanges. This evidence will be crucial in demonstrating the school's non-compliance.

2. Seek Professional Advice:

Engaging the services of a special education advocate, such as LD Expert, can be invaluable during this challenging process. Additionally, you will likely need to retain the services of a Special Education Attorney. These professionals possess extensive knowledge of special education law and can offer expert guidance tailored to your situation. These experienced professionals will assess your case, provide legal advice, and help you understand your rights and options.

3. Request a Resolution Session:

Before filing a due process complaint, federal law requires that you participate in a resolution session with the school district. This session provides an opportunity for you, your advocate, and the school to discuss the issues and attempt to reach a resolution. LD Expert advocates can assist you in preparing for this session and advocating for your child's rights.

4. File a Due Process Complaint:

If the resolution session fails to yield a satisfactory outcome, the next step is to file a due process complaint. This complaint initiates a formal legal process to address the school's non-compliance with your child's IEP. Consult with your special education advocate and attorney to ensure that the complaint is properly prepared, outlining the specific violations and requested remedies.

5. Mediation:

Following the filing of a due process complaint, you may opt for mediation as an alternative dispute resolution method. Mediation involves a neutral third party who helps facilitate discussions between you, your advocate, and the school district. Your advocate and attorney can guide you through this process, ensuring your concerns are effectively communicated and explored.

6. Due Process Hearing:

If mediation is unsuccessful or not chosen, the due process hearing is the next step. This formal hearing is presided over by an impartial hearing officer who reviews evidence and listens to arguments from both parties. Your advocate will present your case, highlighting the school's failure to implement the IEP and advocating for appropriate remedies.

7. Appeals:

Following the due process hearing, if you disagree with the outcome, you have the right to appeal the decision. The appeal process may involve submitting written briefs or presenting oral arguments before an appeals panel.

Resolving IEP non-compliance through due process can be a challenging and emotionally demanding journey for parents. However, by following these essential steps, seeking professional advice from experts like LD Expert, and staying committed to advocating for your child's rights, you can pursue the necessary legal action to ensure their educational needs are met. Remember, enlisting the support of experienced special education advocate and attorney can greatly enhance your chances of success. LD Expert is dedicated to supporting families through this process, providing specialized assistance to help you navigate due process and secure the educational opportunities your child deserves.

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