10 tips: How to Use IDEA 2004 to improve your child's special education

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10 Tips: How to Use IDEA 2004 to

Improve Your Child's Special Education

by Wayne Steedman, Esq.

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On July 1, 2005, the Individuals with Disabilities Education Act of

2004 (IDEA 2004) went into effect.

In 10 Tips: How to Use IDEA 2004 to Improve Your Child's Special

Education, you will learn how to use IDEA 2004 and the No Child Left

Behind Act to ensure that the needs of children with disabilities are

met, while also improving educational outcomes and results.

1. Use the Findings and Purposes in IDEA 2004 to Establish a Higher

Standard for a Free, Appropriate Public Education (FAPE).

2. Use IDEA 2004 and No Child Left Behind (NCLB) to Obtain a Better

Individualized Education Program (IEP).

3. Include Research Based Methodology in the IEP.

4. Ensure That Annual Goals are Comprehensive, Specific and

Measurable.

5. Use New Evaluation Procedures to Monitor Academic Progress and

Progress on IEP Goals.

6. Give Consent Only for Evaluations or Portions of the IEP to Which

You Agree.

7. Insist that the Child's Regular Education Teacher(s) Participate

in IEP Meetings.

8. Avoid Three-Year IEPs Like the Plague.

9. Challenge Suspension or Expulsion if Child's Behavior was a

Manifestation of the Disability, or if the Alternate Placement Does

Not Provide FAPE.

10. Avoid Due Process Hearings if Possible.

1. Use the Findings and Purposes in IDEA 2004 to Establish a Higher

Standard for a Free, Appropriate Public Education (FAPE).

In 1982, the U. S. Supreme Court issued the first decision in a

special education case in Board of Education v. Rowley, 458 U. S.

176. In Rowley, the Court held that school districts did not have to

provide the " best " education for disabled students but merely had to

provide services so the child received " some educational benefit. "

Rowley established a low standard for a " free appropriate public

education " (FAPE).

When you read the Findings and Purposes of IDEA 2004, you will see

that Congress raised the bar for a free appropriate public education

(FAPE).

Prepare Children to Lead Productive, Independent Lives

In " Findings " of IDEA 2004 (Section 1400©), Congress found that " 30

years of research and experience has demonstrated that the education

of children with disabilities can be made more effective by having

high expectations for such children, " educating them in the regular

classroom so they can " meet developmental goals and, to the maximum

extent possible, the challenging expectations that have been

established for all children and be prepared to lead productive and

independent adult lives, to the maximum extent possible. " (Section

1400©(5)(A))

Prepare Children for Employment, Independent Living – and Further

Education

In " Purposes " of IDEA 2004 (Section 1400(d)), Congress describes what

they intend the law to accomplish. In IDEA 2004, Congress

added " further education " as a purpose of the law:

" The purposes of this title are to ensure that all children with

disabilities have available to them a free appropriate public

education that emphasizes special education and related services

designed to meet their unique needs and prepare them for further

education, employment and independent living. " (Section 1400(d)(1)(A))

When Congress added " further education " to the Purposes of IDEA 2004,

they established a new outcome for special education, an outcome that

had never been identified before.

When you read in " Findings " that disabled children should be given

the opportunity to meet the " challenging expectations that have been

established for all children " and " improve academic achievement and

functional performance… to the maximum extent possible " (Section 1400

©(5)(E)) and you read that one Purpose of the law is to prepare

children for " further education, " you are looking at a new legal

standard for a free appropriate public education.

As a parent or teacher, you need to understand that when Congress

reauthorized IDEA 2004, they raised the bar. To meet these new legal

requirements in IDEA 2004, schools will have to use research-based

instruction and provide more intensive special education services.

Meet Developmental Goals & Challenging Expectations Established for

Nondisabled Children " to the Maximum Extent Possible "

While the phrase " to the maximum extent possible " was included in

earlier amendments to IDEA, there is significant qualitative

difference in how this phrase is used in IDEA 2004. In IDEA 1997, the

phrase " to the maximum extent possible " described the need to provide

disabled children with access to the general curriculum and prepare

children for life after school.

In IDEA 2004, the phrase " to the maximum extent possible " describes

the requirements to meet the developmental goals and challenging

expectations established for nondisabled children, to prepare

children with disabilities to lead independent and productive adult

lives, and to improve their academic achievement and functional

performance.

Provide Teachers with Knowledge & Skills in Scientifically Based

Instructional Practices

Congress also found that the education of children with disabilities

can be made more effective if all school personnel who work with

children with disabilities receive " high quality, intensive "

professional development and training to ensure that they have " the

skills and knowledge necessary to improve the academic achievement

and functional performance of children with disabilities, including

the use of scientifically based instructional practices, to the

maximum extent possible. " (Section 1400©(5)(E))

2. Use IDEA 2004 and No Child Left Behind (NCLB) to Obtain a Better

Individualized Education Program (IEP).

When Congress reauthorized IDEA 2004, they specifically noted the

intent to coordinate IDEA 2004 with the No Child Left Behind Act.

(Section 1400©(5)©) Many definitions in IDEA 2004 come directly

from NCLB, including the requirements for highly qualified teachers.

A highly qualified teacher has full State certification (no waivers),

holds a license to teach, and meets the State's requirements. Special

educators who teach core academic subjects must meet the highly

qualified teacher requirements in NCLB and must demonstrate

competence in the academic subjects they teach. (Section 1401(10))

Closing the Gap

The purpose of the No Child Left Behind Act is " to ensure that all

children have a fair, equal, and significant opportunity to obtain a

high quality education and reach, at a minimum, proficiency on

challenging State academic achievement standards and State academic

assessments. " (20 U.S.C. 6301)

The purpose of NCLB can be accomplished " by meeting the educational

needs of low-achieving students [including] children with

disabilities… " and " closing the achievement gap between high- and low-

performing children and " ensuring access of children to effective,

scientifically based instructional strategies and challenging

academic content. (Section 6301(3), Section 6301(9))

IDEA 2004 requires states to establish performance goals for children

with disabilities that are the same as the state's definition of

adequate yearly progress under NCLB. (Section §1412(a)(15))

Attacking Low Expectations

Congress also found that implementation of the IDEA " has been impeded

by low expectations and an insufficient focus on applying replicable

research and proven methods of teaching and learning for children

with disabilities. " (Section 1400©(5))

School personnel often assert that it is unreasonable to expect a

child to achieve more than one year of academic progress in one year.

School personnel assert this even more vigorously when they develop

IEP goals for disabled children, goals that often reflect their low

expectations.

But if a disabled child is two, three, or more academic years behind

his nondisabled peers, the only way to " close the gap " is for the

disabled child to make more than one year of academic progress in one

year. When children with disabilities receive intensive instruction

from teachers who are skilled in the use of scientifically based

instruction, it is not unusual for these children to make more than

one year of progress in an academic year.

Parents and teachers must learn about the requirements of NCLB and

IDEA 2004 to ensure that these legal requirements are met. Although

there is no private right of action under NCLB (i.e., parents cannot

sue schools when they fail to meet NCLB's requirements), the failure

to meet NCLB requirements can be used as evidence that a child did

not receive an appropriate education. (To learn more about No Child

Left Behind and IDEA, see slaw: No Child Left Behind by

W. D. , Pamela Darr and Suzanne Whitney Heath, published

by Harbor House Law Press.)

3. Include Research Based Methodology in the IEP.

Congress found that implementation of IDEA " has been impeded by the

failure of schools to apply replicable research on proven methods of

teaching and learning. " IDEA 2004 includes numerous references

to " scientifically based instructional practices " and " research based

interventions. " In describing permissible uses of federal funds, IDEA

2004 includes " providing professional development to special and

regular education teachers who teach children with disabilities based

on scientifically based research to improve educational instruction. "

(Section 1411(e)(2)©(xi))

The child's IEP must include " a statement of the special education

and related services and supplementary aids and services, based on

peer-reviewed research to the extent practicable to be provided to

the child. " (Section 1414(d)(1)(A)(i)(IV))

In determining whether a child has a specific learning disability,

IDEA 2004 describes a process by which the IEP team " may use a

process that determines if the child responds to scientific, research

based intervention as a part of the evaluation process. " (Section

§1414((6)()

This language in IDEA 2004 creates new requirements for schools to

use scientific research based instructional practices and

interventions that are based on accepted, peer-reviewed research, if

such research exists.

School officials often refuse to write educational methodologies into

the IEP. They argue that teachers should be free to use an " eclectic

approach " to educating children with disabilities, and should not be

forced to use any specific methodology.

Congress rejected this practice when they reauthorized IDEA 2004.

By including frequent references to the need to use scientific,

research based instruction and interventions, Congress clarified that

methodology is vitally important. By requiring the child's IEP to

include " a statement of special education, related services and

supplementary aids and services, based on peer reviewed research … "

(Section 1414(d)(1)(A)) Congress clarified that IEPs must include

research-based methodology.

Including methodology in the child's IEP will benefit the child's

parents and teachers. As participants in developing their child's

IEP, parents will benefit by having input into the instructional

methods used to teach their children. The teachers who implement the

IEP will benefit by having guidance from a team of professionals who

are familiar with the child and who have reviewed the research to

determine the interventions and instructional methods that are most

likely to provide the child with educational benefit.

This is a win, win situation for all – especially for children who

will benefit when they receive effective instruction from teachers

who are trained in research-based instructional methods.

4. Ensure That Annual Goals are Comprehensive, Specific and

Measurable.

IDEA 2004 eliminated short-term objectives and benchmarks for

students with disabilities, except for those students who take

alternate assessments. (Section 1414(d)(1)(A)(i)(I))

Although Congress may think they did teachers a favor by eliminating

short-term objectives and benchmarks, they made teachers' jobs more

difficult. Annual goals will have to be far more comprehensive than

they were under IDEA 1997.

Short Term Objectives

The problem is reminiscent of the game " Whack a Mole " where one

knocks one mole down, only to have another mole appear in a different

location. Since Congress eliminated short-term objectives and

benchmarks, this information will now have to be included in the

annual goals.

Eliminating short-term objectives creates as many problems for

educators as it does for parents. Short-term objectives and

benchmarks are steps that measure the child's progress toward the

annual goals in the IEP. When written correctly, short-term

objectives provide teachers with a roadmap and a clear mechanism to

evaluate the child's progress.

Academic and Functional Goals

Although short-term objectives and benchmarks were eliminated, under

IDEA 2004 the IEP must include " measurable annual goals, including

academic and functional goals. " (Section 1414(d)(1)(A)) IEP goals

cannot be broad statements of what a child will accomplish in a year,

but must now address the child's academic achievement and functional

performance. The IEP must specifically identify all the child's

needs, how the school will meet these needs, and how the school will

measure the child's progress objectively.

If the IEP goals are not specific and measurable and do not include

academic and functional goals, the IEP is defective and open to a

challenge that it denies the child a FAPE.

Parents must be vigilant. The danger is that the IEP team will

propose annual goals that are not specific and measurable, do not

meet the child's academic and functional needs, and do not describe

how the child's progress will be measured.

Teachers will have to work harder and think more creatively to ensure

that the annual goals address all the child's educational needs and

that the goals are written in clear, measurable language. If the IEP

is based on the child's " present levels of academic achievement and

related developmental needs, " addresses the child's academic and

functional needs, and includes research validated instructional

methods, the IEP should adequately address the child's needs under

IDEA 2004.

5. Use New Evaluation Procedures to Monitor Academic Progress and

Progress on IEP Goals.

IDEA 2004 expanded the range of educational issues that must be

evaluated and the timeframe within which these evaluations must be

completed. After the parent provides consent, the school must

complete the initial evaluation and determine if the child is

eligible for special education services within 60 days. (Section 1414

(a)(1)) Interestingly, the Act does not specify whether the required

consent must be in writing.

When conducting an evaluation, the school shall use " a variety of

assessment tools to gather relevant functional, developmental, and

academic information, including information provided by the parents.

(Section 1414((2)) The child's academic achievement or functional

performance may necessitate a reevaluation. (Section 1414(a)(2))

These references to measuring and improving the child's academic

achievement and functional performance are new in IDEA 2004. The IEP

team must now consider functional, developmental and academic

information in developing an IEP that provides a child with a free

appropriate public education (FAPE).

School personnel often claim that grades and performance on IEP goals

are separate, and that academic failure does not mean that the child

was denied a FAPE. IDEA 2004 rejects this claim.

If the child is making progress on his IEP goals, but is receiving

failing grades or is not making adequate progress in academic areas,

this may be evidence that the child is not receiving a free

appropriate public education.

To meet the threshold requirements for a FAPE, the school must ensure

that the child with a disability makes adequate progress in academic

achievement and functional performance, and on the IEP goals. If the

child's academic achievement and functional performance are not

commensurate with the child's progress on IEP goals, the child's IEP

needs to be revised. The parents and educators need to determine what

adjustments need to be made to the child's special education program

and IEP.

6. Give Consent Only for Evaluations or Portions of the IEP to Which

You Agree.

IDEA 2004 requires the school to obtain parental consent before the

initial evaluation and before implementing special education services

in the IEP. Although the wording of the statute changed in IDEA 2004,

the substantive effect is no different for initial evaluations.

Parental Consent for the Initial Evaluation

Before conducting an initial evaluation (the first assessments

requested by a school when a child is suspected of having a

disability), the school must obtain parental consent. (Section 1414

(a)) If the parent wants the child to receive special education

services, there is no reason for the parent to deny consent for the

initial evaluation unless the parent prefers to obtain evaluations

from a specialist in the private sector. In that case, the parent may

consent to the school doing some evaluations. For example, the parent

may consent to the school conducting educational evaluations and have

their independent psychologist conduct the psychological evaluation.

While IDEA 2004 requires IEP teams to review evaluations provided by

the parent, the team is not required to accept the findings and

recommendations in private evaluations. Private evaluations can lead

to problems if they are improperly done or if the individual who

conducts the evaluation does not meet state requirements. (Section

1414((3))

Before scheduling an evaluation by an expert in the private sector

(i.e. a child psychologist, school psychologist, neuropsychologist,

or educational diagnostician), the parent should carefully review the

individual's credentials. Here are some questions you need to answer:

Does the evaluator meet state requirements to conduct the evaluation

(for example, in most states a psychologist must be licensed to

conduct psychological evaluations)?

Does the school district generally accept evaluations from this

evaluator?

Is the evaluator willing to attend the eligibility or IEP meeting to

explain his findings, educate the IEP team about the reasons for the

recommendations and what is likely to happen if the recommendations

are ignored?

If the parent refuses to consent to an initial evaluation by the

school, the school may use mediation, resolution, or a due process

hearing to obtain the evaluation. (Section 1414(a)(1)(D)(ii))

Parental Consent for Special Education & Related Services

The parent is also required to give consent for special education and

related services. If the parent refuses to provide consent for

services, the public school " shall not provide special education and

related services to the child… " (Section 1414(a)(1)(D)(ii)(II)) This

language represents is a significant change from IDEA 1997 which

required schools to seek mediation or due process to obtain parental

consent for services.

This new language may create problems for parents who want their

child to receive special education and related services, but disagree

with part of the IEP and/or how the school plans to provide services

in the IEP. The law does not prevent parents from consenting to parts

of the IEP that are acceptable, while refusing consent for those

parts of the IEP with which they disagree. There is some support for

this approach in the IDEA 2004 statute.

IDEA 2004 maintains the " stay put " provisions of IDEA 1997. (Section

1415(j)) Under the " stay put " provision, the child can remain in the

then-current educational placement and continue to receive the same

services during proceedings to challenge the IEP, unless the parents

and school agree otherwise. Although there is no " then-current

educational placement " when there is a dispute between parent and

school over the initial IEP, the fact that the parent and school

agree on some part of the IEP creates an obligation for the school to

implement those parts of the IEP to which the parent provided

consent.

If you want to consent to part of the IEP, here are some suggestions:

Initial each part of the IEP to which you agree.

Next to the signature line, write that you do not consent to any part

of the IEP that you did not initial.

Think about how you want to resolve your dispute or disagreement with

the school. IDEA 2004 includes additional procedures to resolve

disputes. (See Tip #10) As a parent, you need to understand that the

school is under no obligation to seek resolution of the dispute and

is actually prohibited from doing so under IDEA 2004. (Section 1414(a)

(1)(D)(ii)(II))

7. Insist that the Child's Regular Education Teacher(s) Participate

in IEP Meetings.

IDEA 2004 lists the individuals who are required members of the IEP

team:

The parents

Not less than one regular education teacher

Not less than one special education teacher

An individual who can interpret the instructional implications of

evaluations

A representative of the school district who has supervisory

responsibilities and is knowledgeable about the general education

curriculum and agency resources. Section 1414(d)(1)()

Congress changed IDEA 2004 to allow members of the IEP team to be

excused from attending IEP meetings, even when their area of the

curriculum or related service will be discussed. As a parent, you do

not have to consent to this. Before a team member can be excused, the

individual must submit a written report to the IEP team and the

parent must consent in writing. (Section 1414(d)(1)©)

The demands placed on a teacher's time are great. In the end, the

time spent developing a comprehensive IEP that addresses the child's

unique needs will save time. More important, input from all the

child's teachers will benefit the child. Regardless of whether the

parent consents to a regular education teacher being excused from an

IEP meeting, the law still requires that at least one regular

education teacher attend the meeting.

If the child receives any educational services in a regular education

class or may receive educational services in a regular education

class, the regular education teacher(s) should attend the IEP

meeting. Although the law only requires one teacher to attend, all

regular education teachers with whom the child has or will have

contact should attend the IEP meetings. If the child's teachers do

not attend an IEP meeting, it is likely that important information

will be missed or overlooked. Without input from the child's

teachers, other members of the IEP team, including the receiving

teachers, will not understand the child's unique needs and how to

address these needs.

The parent should not consent to team members being excused from IEP

meetings unless the circumstances are exceptional. If a team member's

area will be discussed, the teacher or related services provider

needs to attend the meeting to provide information and answer any

questions that arise.

If you encounter a problem getting the required members of your

child's team to attend the IEP meeting, write a letter to request

that all of your child's regular education teachers and related

service providers attend the IEP meeting. (To learn how to write

effective letters to the school, read the chapters on letter writing

in slaw: From Emotions to Advocacy by Pam and Pete

, published by Harbor House Law Press.)

8. Avoid Three-Year IEPs Like the Plague.

The three-year IEP was the dumbest idea Congress came up with when

they reauthorized IDEA 2004. Determining a child's unique academic,

developmental and functional needs, developing measurable annual

goals, determining how these goals will be met, how the child's

progress will be measured, and how the parents will be advised of

their child's progress at regular intervals is difficult enough when

only done once a year.

Anyone who thinks that parents and school personnel can develop an

IEP that will meet a disabled child's needs for three years is

ignorant about child development and education. Fortunately, three

year IEPs are a pilot program that will be available in no more than

15 states. (Section 1414(d)(5)) If your state submits a proposal and

is approved for the three year IEP pilot program, the IEP team must

obtain your consent before they develop a three-year IEP. Do not

grant consent.

Find out if your state was approved for the IEP pilot program. If

your state was approved for the pilot program, you need to double-

check the beginning and ending dates on any IEP for your child.

Before you sign consent to implement your child's IEP, make sure the

IEP has an ending date that is no longer than twelve months after the

IEP was developed.

You are not limited to one IEP meeting a year. Parents and teachers

can request an IEP meeting to review and revise the child's IEP more

often than once a year. IDEA 2004 provides that the IEP team shall

revise the IEP to address:

Any lack of expected progress toward the IEP goals or in the general

education curriculum

The results of any reevaluation

Information provided to or by the parents

The child's anticipated needs and

Other matters. (Section 1414(d)(4))

9. Challenge Suspension or Expulsion if Child's Behavior was a

Manifestation of the Disability, or if the Alternate Placement Does

Not Provide FAPE.

IDEA 2004 permits the school to suspend a disabled child from the

current program or place the child into an interim program for up to

10 days if the child violates a " code of student conduct. " (Section

1415(k)(1)(A))

If the school wants to suspend the child for longer than 10 days,

they must convene an IEP meeting to determine whether the child's

behavior is a manifestation of the child's disability. If the school

concludes that the child's behavior was not a manifestation of the

disability, the school can discipline the child in the same way and

to the same extent that a nondisabled student can be disciplined.

(Section 1415(k)(1)©)

Congress also made it easier for the school to determine that the

child's behavior is not a manifestation by eliminating key elements

of the manifestation determination process in IDEA 1997. IDEA 2004

does not require the IEP team to determine whether the child's IEP

and placement are appropriate. IDEA 2004 only requires the IEP team

to determine whether the child's behavior " was caused by or had a

direct and substantial relationship to the child's disability " or "

whether the behavior was the " direct result of the local education

agency's failure to implement the IEP. " (Section 1415(k)(1)(E))

This means the school could provide a child with an inappropriate

special education program and placement, and could expel the child

from school. There are several strategies you can use to ensure that

the school does not use behavior problems as a way to deprive your

child of an appropriate education.

IDEA 2004 still requires school districts to provide a free

appropriate public education to all children with disabilities,

including children who have been suspended or expelled from school.

(Section 1414(k)(1)(D) and Section 1412(a)(1))

If the school places your child into an alternate setting, you must

diligently investigate whether or not the child's IEP is being fully

implemented. If the IEP is not being implemented, you may force its

implementation through the dispute resolution procedures in the law.

One strategy is to challenge the IEP team's determination that the

behavior was not a manifestation of the child's disability. Parents

must only request a due process hearing if they are prepared and have

a valid claim. (See Tip #10).

If you attempt to argue that the IEP and/or placement were not

appropriate as the reason for the behavior being a manifestation, you

may be met by a claim from the school district that your action was

frivolous. Parents can certainly argue that the IEP and/or placement

are not appropriate. You should also include claims that the behavior

for which the child is being disciplined was caused by or had a

direct and substantial relationship to the child's disability, and/or

that the child's misbehavior was the direct result of the school's

failure to implement the IEP, if these claims are valid and you have

support for them.

Under IDEA 2004, " stay put " does not apply to appeals of disciplinary

decisions, so the child must remain in the alternate program until

the removal period expires or until a hearing officer orders the

student's return to school.

10. Avoid Due Process Hearings if Possible.

Due process hearings should be your last resort, after you have

attempted all other methods to resolve your dispute. Due process

hearings are often an expensive and lengthy process. There are few

absolutes in the law, and perhaps even fewer absolutes in the context

of special education litigation.

The adversarial nature of due process hearings often creates a wound

in the relationship between parents and school personnel that never

heals.

Try to resolve your dispute through IEP meetings, mediation, and/or

the Resolution Session before you request a due process hearing.

Mediation

Parents and schools can attempt to resolve their dispute through

mediation. Mediation is a confidential process that allows parties to

resolve disputes without litigation. The mediator helps the parties

express their views and positions and understand the other's view and

positions. Before entering into mediation, you need to understand

your rights and the law. When you mediate, your goals are to resolve

the problems and protect the parent-school relationship.

If the dispute is resolved in mediation, IDEA 2004 requires the

parties to execute a legally binding agreement that sets forth the

terms of the resolution. (Section 1415(e)(2)(F))

Resolution Session

IDEA 2004 includes a new mandatory " resolution session " that provides

the parties with an opportunity to resolve their dispute before the

due process hearing. (Section 1415(f)(1)()

The school district must send " the relevant member or members of the

IEP team " who have knowledge about the facts in the parents'

complaint and a school district representative who has decision-

making authority. The school board attorney may not attend the

Resolution Session unless an attorney accompanies the parent. The

parents and school district may waive the Resolution Session or use

the mediation process. If the school district has not resolved the

complaint to the parents' satisfaction within 30 days of receiving

the complaint, the due process hearing can be held. (Section 1415(f)

(1)((ii))

Due Process Hearings

If your attempts to resolve your dispute have been unsuccessful, you

may decide to request a due process hearing. Consult with an attorney

who is knowledgeable about this area of law first. Many of the

pretrial procedures and timelines for due process hearings are new in

IDEA 2004. These pretrial procedures are technical and cumbersome.

IDEA 2004 includes other disincentives for parents who file for due

process. If the parents' claim is found to be " frivolous,

unreasonable, or without foundation, " the parents' attorney can be

held liable for the school district's attorney's fees. (Section 1415

(i)(3)() If the parents' complaint was filed " for any improper

purpose, such as to harass, to cause unnecessary delay, or to

needlessly increase the cost of litigation, " the parents can be held

liable for the school district's attorney's fees.

Congress only envisioned shifting the school district's attorney's

fees to parents or their attorneys in extraordinary cases. This fee

shifting statutory language closely follows Rule 11 of the Federal

Rules of Civil Procedure and a case from the U. S. Supreme Court

(Christiansburg Garment Co. v. EEOC, 434 U.S. 412 (1978)). Cases in

which a plaintiff is forced to pay a defendant's attorneys under Rule

11 or the Christiansburg standard are rare. (See IDEA 2004: Rule 11

and Attorneys Fees by Pete )

Parents should not be deterred from requesting a due process hearing

out of fear that they may have to pay the school's attorney's fees,

if they are filing in good faith and have a valid claim.

You should avoid a due process hearing if possible. The best way to

avoid a due process hearing is to prepare for a due process hearing

as soon as you realize that you have a disagreement or dispute with

the school about your child's special education program.

If you have a well-organized case and a clear, simple theme, you will

be in a stronger position if you need to request a due process

hearing.

You must be able to document your attempts to resolve the dispute.

You must also be able to describe your concerns about the school's

proposed program or placement and your proposed solution. When you

document your concerns, you make it more likely that others will

understand your position and help you resolve your dispute.

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