Links Directory
|
|
| Topical Link Collections / Procedural Safeguards and Due Process Hearings |
|
|
When Congress enacted Public Law 94-142 as the Education for All Handicapped Children's Act in 1975, they included a system of procedural safeguards designed to protect the rights of children with disabilities and their parents. During subsequent reauthorizations of the law, now known as the Individuals with Disabilities Education Act, reauthorized in 2004, Congress maintained and added to these safeguards. This section contains a variety of resources of interests to parents as well as states and districts.
|
|
| |
| Federal Guidance | The Office of Special Education programs has issued guidance related to all aspects of the due process system.
|
| | Complaint Investigations | Filing a complaint is generally the first step taken by a party in accessing the procedural safeguards system for special education. IDEA 2004 requires that states have written procedures for resolving complaints filed by organizations or individuals. It also requires that timelines and remedies for the denial of appropriate services.
|
| | Due Process Hearings | Due process is a set of procedures that seeks to ensure fairness of education decisions and accountability, both for parents and educational professionals. The due process hearing provides a forum where disagreements about the identification, evaluation, educational placement, and provision of a free appropriate public education for students with disabilities may be adjudicated. Resolution sessions and mediation are generally considered first, before resorting to the legal method of a special education due process hearing.
|
| | Mediation | Mediation in special education is a process to assist parents and schools in resolving disagreements regarding the education program of a student with disabilities. Mediation is a voluntary method to resolve disputes through a more informal means, using a neutral third party. IDEA 2004 requires that states offer mediation as an option to resolve disputes.
|
| | Resolution Meetings - IDEA 2004 | IDEA 2004 includes a new mandatory “resolution session” that provides families or schools involved in dispute resolution with an opportunity to resolve their disputes before the due process hearing.
|
| | Resources | Agencies and publications for further information.
|
|
|
