Chapter 7: When Things Aren't Going Well

When Things Aren't Going Well

This Guide provides you with a lot of information about the special education process and how to develop a program that addresses your child's unique needs. But what if you and the school don't agree? There are a variety of options for addressing disagreements that may arise during the Pupil Evaluation Team (PET) process or in the implementation of your child's Individual Educational Program (IEP). Be sure you understand your rights and know what resources are available to you before you proceed.

1. The school provides a procedure safeguard statement with the notice of a PET meeting, requests for parental consent for re-evaluation of a student with a disability and a request of a due process hearing. Some call this the Parens' Rights Statement. (MSER 101, 12.11, A-B, page 68).

Parents have the right to disagree with any decisions made by the PET.

If you do not agree with the determinations of the PET, or feel that the school has failed to provide Free Appropriate Public Evaluation (FAPE) in order to meet your child's unique needs, then you will need to explore your options for resolution of the situation.

The first step is usually to try to resolve your disagreement with the teacher, principal or special education director. They are responsible for ensuring that your child's IEP is written and implemented. They should be able to respond to any questions or concerns you have. The best way to keep communication clear is to put your issue(s) in writing and keep a copy for your records. Copies of written documentation may prove helpful at a later date if additional action is needed to resolve the disagreement.

If discussions with the teacher, principal, or special education director fail to resolve your concerns, the next step may be to file a superintendent complaint.