306: IEP Strategy: Due Process

The Special Ed Strategist: Learning Disabilities & IEP (Dyslexia, Executive Function) Tips with Wendy Taylor, M.Ed., ET/P

Welcome to another insightful episode of the Specialized Strategist Podcast with your host, Wendy Taylor. In this episode, we'll delve into the crucial concept of "Due Process in Special Education" and why it's essential for parents and school districts. Stay tuned for a comprehensive discussion on the legal mechanisms, federal laws, and practical tips surrounding this topic.
Segment 1: What is Due Process in Special Education?

• Wendy introduces the concept of due process as a legal mechanism for resolving disputes between parents and school districts regarding a child's special education services.
• Due process ensures that children with disabilities receive appropriate educational services, emphasizing the importance of Free and Appropriate Public Education (FAPE).
• Parents can file a due process complaint for disputes related to identification, evaluation, placement, or the provision of FAPE.
• Wendy touches on the significance of open communication with the school and district, documenting all relevant correspondence, and exploring alternative dispute resolution methods like mediation.
• Highlighted federal laws include the Individuals with Disabilities Act (IDEA) and Section 504 of the Rehabilitation Act.

Segment 2: Key Aspects of Due Process

• Wendy provides a detailed overview of due process in special education, emphasizing its governance by federal law, IDEA.
• The podcast clarifies that due process complaints can only be filed for specific issues related to a child's education, not procedural or technical violations.
• Types of disputes that can fall under due process, the steps to requesting a due process hearing, and the importance of open communication, documentation, and exploring alternative resolution methods like mediation are discussed.
• The episode mentions the time limits specified by IDEA for each stage of due process and advises listeners to check their state's specific rules.

Segment 3: Practical Tips and Takeaways

• Wendy Taylor breaks down key practical tips for parents and school districts dealing with special education disputes, such as open and effective communication.
• She emphasizes the importance of documenting all relevant communication and meetings.
• Exploring mediation and alternative dispute resolution methods before pursuing a due process hearing is encouraged.
• The episode concludes with a reminder about the significance of understanding IDEA's time limits and checking state-specific rules for clarity.

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