Schools Warned On Pushing Families Into Due Process - Disability Scoop

Schools Warned On Pushing Families Into Due Process - Disability Scoop



Lee's Summit has a history of forcing parents into due process.  Families are forced to hire attorney and spend tens of thousands of dollars and then they lose.  They don't lose because their cases aren't good.  They lose because the hearing panel hasn't ruled in favor in families for three years.  They system is corrupt.  



Here is what Jerry Keimig told OSEP when I turned to them for help.  He welcomed me to file due process.  He knew that I wouldn't win even though the district was out of compliance.



"We would welcome an opportunity to present the district view to an independent
panel either through a DESE child complaint or a due process hearing."



Federal education officials are warning school districts to think
twice before forcing parents into potentially long and costly due
process proceedings.




Under the Individuals with Disabilities Education Act, families may
pursue due process or file a state complaint if they don’t believe their
child has been provided appropriate school services.




However, in a “Dear Colleague” letter
to education leaders across the country, officials at the U.S.
Department of Education said this month that they are concerned that
some school districts are moving to file for due process over issues
that parents have already chosen to address via state complaints.




Such circumstances can put parents in a tough spot, the guidance
notes, because states are required to wait for a due process hearing to
conclude before they can take up any portion of a state complaint that
is also the subject of a due process proceeding.




“It appears that in some instances, public agencies may have filed
due process complaints against parents in an effort to prevent the state
complaint process from moving forward,” reads the letter from Sue
Swenson, acting assistant secretary for special education and
rehabilitative services, and Melody Musgrove, director of the Office of
Special Education Programs.




“This type of action … may unreasonably limit parents’ dispute
resolution options, and force parents either to participate in a
potentially more adversarial, lengthy and costly due process complaint
and hearing, or to fail to participate in the due process complaint and
hearing and thereby risk the hearing official’s ruling in favor of the
public agency,” the guidance states.




The Education Department told stakeholders that it “strongly
believes” that it’s best for school districts to honor the choices of
parents in selecting a forum for resolving special education disputes.




Pushing parents who have already filed a state complaint into due
process harms the “cooperative process” and is “contrary to
congressional intent,” according to the letter from Swenson and Musgrove
which urges schools to pursue mediation or other informal steps of
resolving issues before turning to due process.

Comments

Post a Comment

Popular posts from this blog

Missouri Schools - The Washington Post

Missouri Schools - The Washington Post Some schools brag about their high passing rates on AP or IB, meaning the percentage of test-takers who scored 3, 4 or 5 on the 5-point AP exam or 4, 5, 6 or 7 on the 7-point IB exam. Passing scores make students eligible for credit at many colleges and universities. I decided not to count passing rates in this way because I found that many high schools kept those rates artificially high by allowing only top students to take the courses. AP, IB and AICE are important because they give average students a chance to experience the trauma of heavy college reading lists and long, analytical college examinations. Research has found that even low-performing students who got a 2 on an AP test did significantly better in college than similar students who did not take AP. On the list, we also give readers a sense of how well each school’s students are doing on the tests by posting the Equity and Excellence rate, which is the percentage of all graduating s...
Read more

My Letter Requesting To Become A Board Member

Sherri R. Tucker 1200 SE London Way Lee’s Summit, MO   64081 816-554-3017 autism@kc.rr.com Lee’s Summit R-7 School District C/o Linda Ismert, Board Secretary Stansberry Leadership Center 301 NE Tudor Road Lee’s Summit, MO   64086 Ms Ismert I would like to submit my name for the position on the Lee’s Summit R-7 School Board.   As you know, I have expressed an interest in being on the school board in the past.   On my first attempt I only lost by 2% which would indicate that the voters have an interest in me being on the board as well.   I would think that the voters’ wishes would be taken into consideration. I have a strong relationship with many of the districts’ families and I can help to bridge the gap between them and the district.   I understand the commitment to the time and energy required each week for meetings, phone calls, conversations, visits to schools, and professional development seminars and workshops.   I already do that with the f...
Read more

School Board Candidates

I am attempting to find information on the school board candidates.  It has been much easier in the past.  This year it has been more difficult.  Susan D. Coffman Susan Coffman has served as the Outreach Program Coordinator and Finance Officer for Lee’s Summit CARES since 2008. She has been a mayor-appointed representative to the Human Services Advisory Board, facilitated alcohol retailer trainings, organized the annual Holly Festival with the DARE program, managed bookkeeping and accounting, and served as the community liaison between LS CARES and local business, universities and the cities.  Coffman’s financial background includes work as a customer support specialist at Jack Henry & Associates Inc. for 11 years and assistant vice president and customer support specialist at Merchants Bank for 17 years.  Her community activities include serving on the Human Services Advisory Board, Paradise Park Advisory Board, Lee’s Summit Social Services Board, form...
Read more