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Disputes - Educating Children with Disabilities

clickable chart on educating children with disabilities - navigating the maze 

Dispute Process

Schools and parents often disagree over what constitutes a FAPE and over creating and implementing 504 plans and IEPs. Some likely grounds for dispute are:

  1. The school refuses your request to evaluate your child.
  2. You disagree with the results of the school's evaluation.  
  3. The school district refuses your request for an IEE.
  4. You do not consent to evaluation or services.
  5. The school's evaluation was inadequate.
  6. The school's plan or services are inadequate.
  7. School discipline doesn't account for a disability.

The mechanism for resolving a dispute depends upon what kind of a plan is in place. For example, the mechanisms under IDEA are stronger than those under Section 504. Under IDEA, with an IEP, you may be able to file for due process, request mediation, file an OCR complaint, or file a state level complaint. Under Section 504, with a 504 plan, you can ask for an impartial administrative hearing or file an OCR complaint. Usually, you must try to resolve disagreements administratively at the lowest level either with the school or school district before formal complaints will be seriously considered.

clickable chart on educating children with disabilities

Special Education Clickapedia IDEA & Section 504 Concepts Fair and Appropriate Public Education Child Find Kinds of Schools Public Schools Private Schools Special Schools Disability Evaluating and Assessing by Parent Request by School Request Independent Educational Evaluation Ongoing Evaluations Special Education and Related Services Section 504 Plan Individualized Educational Program Extended School Year Transition Plan Dispute Process Due Process State Complaint Office of Civil Rights Administrative Appeal Mediation Discpline Change of Placement Manifestation Determination Interim Alternative Educational Setting Terms and Definitions

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