Why Resolution Sessions are Important According to the IDEA
What Information is Required for a Due Process Complaint to be Sufficient?
The Ninth Circuit Court of Appeals recently issued a ruling in Avila v. Spokane School District 81 (9th Cir. 2017) 852 F.3d 936 (Avila), which held that the two-year statute of limitations for filing a due process complaint pursuant to the Individuals with Disabilities Education Act (IDEA) begins when a parent "knew or should have known," a claim against a local educational agency (LEA) existed. In other words, if a parent has reason to believe their child is not receiving appropriate evaluations, placement, specialized academic instruction, or related services he/she has a right to receive under the IDEA, they have two years from that date of discovery to file a complaint to seek enforcement of their rights.
Either you as a parent or your advocate or attorney have filed for due process against the school district, and now you have gotten a notice from the school district requesting you attend a resolution session. There are a few things you should know, and a few tips regarding resolution session.
As a parent, you may have concerns regarding your child's education program. In line with these concerns, you may have expressed displeasure at an IEP meeting and felt that your concerns were not addressed. You may feel like your dealings on behalf of your child with the school district are always confrontational or fruitless. Whatever the circumstances, maybe you felt as though your only recourse was to file a due process complaint against the school district to protect your child's rights.
A child with autism falls well behind his peers academically. His aggressive and disruptive behaviors grow progressively worse until they become uncontrollable. The school district conducted a reevaluation that showed the student required a more restrictive placement. However, the parents object. The question becomes "what are a school districts rights and responsibilities?" The answer is that school district can file a due process complaint against the parents in an effort to establish the appropriateness of the change of placement.
In a tragic turn of events, a 13-year old special education student, Ben Barnhard in Kensington, Maryland was shot and killed by his distraught mother. Margaret Jensvold then killed herself.