What can you do if you disagree with child study/school’s decision?
The school system must provide the reason for their decision in writing along with an explanation of their decision. Under IDEA, the school must also provide information about steps to take if the parent disagrees with the decision.
If the child is found eligible for special education services and the parent disagrees, he or she may decline those services.
If the child is not found eligible and the parent disagrees, there are several options. Often the first step is requesting an Independent Educational Evaluation (IEE). This is a second evaluation performed by a qualified examiner who is not employed by the school system. A parent has the right to request an IEE at the school’s expense if the parent disagrees with the original evaluation. If the school refuses to pay, the school must file a due process complaint to prove its own evaluation was appropriate. If this does not resolve the disagreement, there are additional options to resolve the issue. Mediation is one option. This gives both sides chances to further discuss each issue and concern.
A neutral third party is brought in to assist in keeping the focus on the issues. Mediation is confidential, paid for by the Department of Education, and mediation agreements are binding and enforceable. When mediation does not work, a parent can file a due process complaint and request a hearing. The parent may obtain an attorney to assist. Sometimes with an attorney’s help, a settlement can be reached before the hearing. In a due process hearing, a hearing officer will make a decision based upon the evidence presented during the hearing. Decisions in due process hearing can be appealed. A final option is a parent can file a signed, written complaint with the Virginia Department of Education.
Timelines – Either a parent or school may contact the other party to request mediation. Both parties must agree, and once the parent(s) signs the school’s form the request may be sent to the Virginia Department of Education. A mediator will be assigned and arrangements made for the meeting. A request for mediation cannot delay a due process hearing, but an extension can be requested if agreed to by both parties and put into writing.
A due process hearing request must be in writing and filed within two years of the date of the known issue. The name of a hearing officer must be obtained within five business days of receipt of the request for a hearing, a resolution session scheduled within 15 calendar days of receiving the request and, if the matter isn’t resolved sooner, the hearing officer must complete a hearing by rendering a final written decision within 45 calendar days. In expedited hearings the school division must obtain the name of a hearing officer within three business days and schedule a resolution session within seven calendar days. A hearing must take place within 20 school days from the date of the request with a written determination within 10 school days after the hearing.
Complaints made to the Department of Education’s Office of Dispute Resolution and Administrative Services (ODRAS) must be resolved within 60 calendar days.