IEP and Due Process help

Anyone ever file a due process complaint because you were dissatisfied with what a school was offering in way of special need services?? How do you go about it? Everything seems so intimidating..


I would suggest you call Trenton - google Education public School, the special needs . I can't remember. Reach out to NJ Education - ask for a advocate . You may need to hire a lawyer and or advocate. Take someone with you when you have the meetings
Document everything

carolyn j kazar carolyn j kazar
Jun '17

If you call the state, the number should be listed on the IEP, they will assign an advocate to you. Schools do not like this...advocates know all the laws and really do advocate! Good luck!

Deppla Deppla
Jun '17

Have you tried working with an advocate at first?

Mommyof3 Mommyof3
Jun '17

The paperwork and steps to file due process are listed in the back of the PRISE booklet. If you do not have a copy of the PRISE, parents rights in special education, then call the child study team office and request it. You have to file the paperwork within 15 days of your IEP meeting. I have assisted others in filing. It is a relatively simple process as long as you follow the steps outlined. Don't forget to send the district a copy. You may want to reach out to the director of special ed and/or the county director of special ed. There is also SPAN, the NJ statewide parent advocacy network. Their phone number will be on the last page or so of your IEP. Sometimes due process filings are needed to get your child's needs met. After the paperwork is filed, the state offers for a mediator to come and meet with you and the district. This is a helpful step as the person is (should be) impartial and can help settle the issues. If an agreement is not reached, then the due process proceeds. Whether you decide to file due process or not, it is best to put your concerns in writing to the district, regardless if the 15 days has passed or not. You can also ask for another IEP meeting. Always put your requests in writing. You can record the IEP meetings, but must give the disyrict advance notice so they also have a chance to record. Feel free to request a draft copy of the IEP in advance, as far as what is completed prior to the meeting. Advocates can be helpful, depending on the advocate, but some are pricey. By the way, except for the stamps, filing due process is free. I would start with calling the county supervisor of special education first, unless you are near the 15 days and need to get the paperwork out. I hope you are able to work out the issues for the best of your child.

LightHouse LightHouse
Jun '17

All good info from LightHouse. If you are past the 15 days you can request a new IEP meeting for review at any time.

Unfortunately the way this works is you have to educate yourself and advocate for your child. The school will not give you information, and they will go for the cheapest and easiest plan.

This is an interesting read, you have a right to "appropriately ambitious progress" for your child.
http://www.npr.org/sections/ed/2017/03/22/521094752/the-supreme-court-rules-in-favor-of-a-special-education-student

These links have good info-
ARC-
http://planningforadultlife.org/
Look under We Offer/ Archived Webinars there is some useful info here.
http://planningforadultlife.org/we_offer/archived-webinars-20.html

Also Warren Country Special Child Services can help-
http://www.co.warren.nj.us/healthdept/phn/specialchildhealthservices.html

Good Luck!

hktownie hktownie
Jun '17

Thanks I am only 3 or 4 days away. The meeting was June 12th. I wrote a email but no one responded to it so I guess I need to file... I'm so scared about this


Light house, excellent info! - I strongly agree with above - get an advocate! They know the system, what to do, what is possible and can be your voice in the meetings at times... That will also help a lot with your anxiety.. best of luck.

pmnsk pmnsk
Jun '17

Hello,

My name is Diana and I was wondering if you still needed help. I interned with Rutgers Law School's Special Education Law Clinic helping families who were unsatisfied with their children's IEPs. I have some contacts (mostly in Newark) but perhaps can offer some guidance. You can email me at dianalevy1248@gmail.com.

Diana Diana
Jun '17

Thanks for the help everyone. I found an advocate in my area. Praying for success. I file due process tomorrow.


Good luck. I filed for an IEP in another school district. The school would not accept it and I had to go through mediation with the State. The district still would not accept the IEP. I then had to file with the court system and it was an absolute pain in the a$$. I hired an attorney because I needed it implemented immediately and costed roughly 5,000. The district still didn't implement the conditions and I filed with the Dept of Office for Civil Rights and it's still pending.

Nightmare!!

nutty nutty
Jun '17

Omg...Nutty I'm so sorry. That sounds awful!!! I filed but have not heard anything yet...I'm nervous...


My husband and I also had a horrible time with the child study team. Attorney has to be hired. I felt discriminated against and like all they wanted to do was dump our son somewhere and forget about him. They also tried intimidation. I think we as parents need to gather in number and organize. Our children are not something to be thrown in a corner and forgotten.

disgustedmom disgustedmom
Aug '17

Please be aware of this recent supreme court decision. (SCOTUS- Endrew F vs Douglas County School District March 2017)
http://www.scotusblog.com/case-files/cases/endrew-f-v-douglas-county-school-district/

Your child has a right to an 'appropriately ambitious' program and the school is required to provide. The tricky part will be defining what is reasonably ambitious for your child. The IEP team is supposed to work together to the child's benefit but that sometimes doesn't happen.

hktownie hktownie
Aug '17

Take the advice of the posters who suggest getting an advocate, of some sort, you will get the best result that way. Gathering in number and organizing...not a good idea, you won't get any results that way. Be an adult, be educated, be prepared, things will work out. Like htownie said: the tricky part is defining what is reasonably ambitious for your child; blowing things out of proportion and acting like the school is out to get your child and dumping him/her to be forgotten, will get you nowhere.

tripsy tripsy
Aug '17

Great advice tripsy. We took this same approach and all worked out well. As difficult as it is, try to remove the emotional component of this and you will prevail in your situation. Good luck.

CraftBeerBob CraftBeerBob
Aug '17

fyi- https://www.insidernj.com/press-release/governor-murphy-announces-paul-aronsohn-lead-office-ombudsman-individuals-intellectual-developmental-disabilities-families/

hktownie hktownie
Apr '18

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