Procedural Safeguards

Discussion in 'Special Ed 101' started by klmno, Apr 17, 2008.

  1. klmno

    klmno Active Member

    I've been up reading the procedural safeguards that are given to parents when their children get IEP's. I had thought this was a federal document, but this says it is put out by the state DOE and covers some state law in it. Anyway, it says that mediation agreements between sd's and parents regarding spec. ed (IEP) issues are legally binding, must be signed by someone in authority in the sd, and can be filed in state or federal court if not adhered to. That sounds a little better than my impression that mediation was not binding. The down side for parents is that you are never allowed to bring the issue up again, other than if you have to take it to court for non-compliance. Also, it didn't look like there was a time limit for taking an issue to mediation. However, I wonder if you can get monetary compensation this route.

    Am I misinterpreting something? is this something I should just ask an attny about?
  2. Sheila

    Sheila Moderator

    I'd speak with-the attorney on at least these two issues. I have a hard time believing the same issues can't be brought up if they reoccur.

    I suspect there's a time limit involved in mediation. It makes no sense that there would not be a time limit for mediation when there is one for complaints, filing due process, etc.

    I don't know of anything pertinent to IDEA that would preclude this, but there are other laws that may. In my opinion it "ain't gonna happen," but again, check with-your attorney.
  3. Martie

    Martie Moderator

    I do not have any answers except Occupational Therapist (OT) note that state law can EXCEED federal law but not reduce federal law, i.e., an evaluation must be done in 60 days (IDEIA 2004); a state my use 45 days, but it may not use 90 as many used to.

    Good luck, and I agree you need to consult an attorney.