Conflict, according to Merriam Webster, is a competitive or opposing action of incompatibles: antagonistic state or action (as of divergent ideas, interests, or persons). I am sure some of us have been at an IEP meeting with small conflicts, while at other meetings there has been a LOT of conflict. Some of my IEP meetings were filled with conflict (you could have cut it with a knife), and it was an unnerving feeling which left me overwhelmed and isolated as a parent! It’s almost inevitable as you want the “best” for your child but the school only needs to provide a Free Appropriate Public Education to your child. It’s easy to recognize the conflict but what do parents do when the conflicts aren’t being resolved and your child is the one who is feeling the impact of that conflict or worse, is not making progress?
Resolutions Parents Can Utilize and first steps
Conflict resolutions run the gamut and may depend on how intense the conflict is. There is a continuum of resolutions parents can utilize. These are several which are your rights and are not specified in the Procedural Safeguards. Parents can retain an advocate as a first effort to resolve the conflict, which might be enough to bring new eyes to the table to assist parents (An advocate is more familiar with the IEP process as well as being more objective; they can also be a barrier for parents). Parents can also hire an attorney, and with this, most times the district will counter with an ESE superintendent or the district’s attorney at the IEP meeting.
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Request A Facilitated IEP Meeting
Parents can also request a Facilitated IEP Meeting with an impartial third-party facilitator who is a “negotiator” between parents and the school district. The facilitator will provide an agenda and try to keep the meeting focused on issues to be discussed and resolved before moving on to the next point on the agenda.
Write a State Complaint
If the above mentioned interventions don’t work, then parents can employ use the resolutions in the Procedural Safeguards. A state complaint can be written, outlining and documenting the school/districts’ violation of Part B, its regulations, or state requirements to provide a free appropriate public education (FAPE) [2] to your child. Parents will also be asked for what they think a fair resolution would be so I suggest parents are mindful of what they would like as the outcome(s).
Mediation Access
Mediation is also available to resolve disputes & disagreements over matters that arise even prior to the filing of a request for a due process hearing; it is voluntary for both parties and is conducted by a qualified, impartial mediator trained in mediation. When an agreement is reached, parents & the school district will implement a legally binding agreement stating the resolution.
Parents can sue the School district
There is also a Due Process Hearing, which occurs when parents are “suing” the district or vice versa. Due Process can be filed on any matter relating to the provision of FAPE to your child, or the proposal, or refusal, to initiate or change the identification, evaluation, eligibility determination, or educational placement of your child. ALERT: This action can be costly for parents and they may be liable to pay for the district’s attorney fees if they lose.
Conflicts are inevitable, but parents and the school should continue to discuss their differences so that the child will be successful and receive the Free Appropriate Public Education they are entitled to!
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www.merriam-webster.com/dictionary/conflict [4]
http://www.fldoe.org/core/fileparse.php/7675/urlt/FIEPFactSheet.pdf [5]
http://www.fldoe.org/core/fileparse.php/3/urlt/procedural.pdf [6]
Doreen Franklin Doreen is a Special Ed Advocate and parent of 2 adopted daughters with diverse special needs. She assists parents with their understanding of legal policy, procedures, rights, & responsibilities under IDEA so parents can learn to collaboratively advocate for their child. She has been an Advocate & Coach since 2005. Doreen is also a private tutor and homeschooled her older daughter.
https://www.parentingspecialneeds.org/article/rights-iep-process-procedural-safeguards/
https://www.parentingspecialneeds.org/article/importance-of-parents-and-professionals-partnering/
Helpful Articles
- Know Your Rights in the IEP Process: What Do those Procedural Safeguards Really Mean? [7]
- Family Chat: “Better Together: Family School-Collaboration in PBS” [8]
- School Success Tips from Parents & Professionals [9]
- Family-School Collaboration Focusing on Quality of Life for All [10]
- The Importance of Parents and Professionals Partnering [11]
- Parent-Professional Partnerships {Tip 28 of 31} [12]
- What Special Education Teachers and Professionals Want You to Know [13]
- How Parents Can Work Together to Help Their Child With Their Education [14]
- IEP… I Do’s Building a Viable Home-School Relationship – It’s like a Marriage [15]
- Beyond the IEP Team: 6 Tips for Parent Participation at School [16]
- How Positive Behavior Support Can Work In A School Setting [17]
- Getting Involved with Positive Behavior Support at Your Child’s School [18]
- Whether it’s Your First IEP or You’re a Pro: 10 things to Cover at the Meeting [19]
- Embracing Your Child’s Best Ways of Learning 12 Different Ways to Learn [20]
- Developing Your Own Network [21]
This post originally appeared on our November/December 2018 Magazine [22]