Due Process in SPED

Kaleb BarberSped 277 Week 1 ILACohort F2

Due Process in Special Education

What is Due Process?

Due Process complaints are a legal protection for students in special education and their families. They serve to provide families with a legal pathway to making sure the rights of their students with disabilities are protected in the public education system.

What can lead to a Due Process Complaint?

• Failing to Identify a disability
• Misidentifying a disability

• Disagreement over results or procedures
• Refusal to evaluate a student suspected of needing services

• Inappropriate placement for the needs of the student
• An environment that is too restrictive, does not meet LRE

• Inadequate progress on goals / Inappropraite for student's needs
• Insufficient services
• Failure to implement

• Inappropriate discipline based on student's disability

Due Process Timelines

Preliminary Discussions:

District and families try to resolve the disagreement before a due process complaint is filed

Due Process Complaint is Filed:

Family submits an official complaint for one of the reasons listed previously

Resolution Session Due (Within 15 Days)

mandatory meeting between district and family to reoslve the original issue of dispute. Can involve outside mediators or facilitators

Due Process Hearing (Resolution Session +30days)

If no agreement reached, family and district presents evidence to a judge for a decision

Decision Issued (Due Process Hearing +45days)

Judge issues a decision based upon the evidence presented

Appeals (Decsion +90days)

Either party can submit an appeal within 90 days of the decision

The Role of The Teacher

1. Documentation
1. Teacher is expected to keep records of the student's progress, services received, and accomodations provided. This can all be used in the event of a Due Process hearing.
2. Attend IEP Meetings
1. Teacher is an essential member of the IEP team and often required to write the actual IEP. A foolproof IEP can prevent due process complaints before they arise
3. Communicate with Families
1. Through effective family-school communication, due process complaints that arise from misunderstandings can be avoided
4. Provide Resources Listed in the IEP
1. Case Carriers are responsible for ensuring students are receiving the services and accomodations listed in the IEP
5. Collaborate
1. Educationally Related Service Providers and other members of district staff can provide knowledge/expertise that might make the difference in a Due Process Complaint

How to Keep it Positive: Core Values

Empathy

Respect

Honesty

Work Ethic

Teamwork

Humility