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Evidence is used to prove what you are saying is true. It is one thing for a parent to claim a child needs a certain service or program, but quite another thing to prove it. In a due process hearing you must have independent evidence to prove your case, but gathering evidence is also vital outside of the adversarial process. Parents who can cite evidence that supports their child's legal rights are likely to reach a more timely and acceptable resolution with the school district.
Some students’ educational needs can only be met in out-of-district placements. Finding the right school for these children can be difficult. If the IEP team supports the placement, the district’s out-of-district coordinator will help facilitate the search. If the district does not agree that the student needs an out-of-district placement, then families may need to learn more about potential placements on their own.
Whether or not the Parents are entitled to reimbursement is a complicated legal question. The notice to the District must meet certain procedural requirements. I would NEVER recommend a unilateral placement without working with a special education attorney or a seasoned special education advocate. If Parents' notice is not sufficient, they are not entitled to reimbursement.
On July 9, 2018, the Bureau of Special Education Appeals ("BSEA") ruled that the Andover Public Schools ("Andover") had violated the Individuals with Disabilities Education Act ("IDEA") by failing to offer a nine-year-old boy with dyslexia an Individualized Education Plan ("IEP") that provided a Free Appropriate Public Education ("FAPE"). The BSEA ordered Andover to reimburse the family for their costs of unilaterally placing their son at the Landmark School and found that the student continued to require intensive, specialized instruction in a fully-subseparate language-based program.
Like any litigation, a special education hearing can become expensive and risky. Therefore, many parents choose to enter settlement agreements, even paying part of the costs of special education programs, rather than go to a full hearing and risk losing. This is reflected in statistics from the Bureau of Special Education Appeals, indicating that over the last 10 years between 95 and 97 percent of all of these disputes are resolved without a full hearing. (See attached) This is not an unusual statistic. In Superior Court in Massachusetts the percentage of all types of litigation disposed without a trial is strikingly similar.
Question: My child has complicated issues and the district granted a 45 day placement for evaluation. I am not in agreement with what they have proposed. The 45 day placement is over and I wanted to reject their proposal to bring him back to district. I am told I have no stay put rights. Is this true?
How do I get my Autistic son into an out of district school when the public school continues to ignore a doctor's recommendation? My son is autistic and I have filed due process last year because of an incident that should not have occurred if he had not been moved to a school that did not have an adequate autism program in place.
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