ASK THE ATTORNEY: What Steps Should I Take if I am Unhappy with my Child’s Progress Towards his IEP Goals?
August 23rd, 2011
By Sheryl Frishman, Esq., Littman Krooks LLP
Call A Meeting:
It is always important to attempt to resolve issues with your school district as collaboratively as possible. As a parent you have a right to request a CPSE or CSE meeting at any time. The district has to schedule the meeting. Be prepared to present data and reports at the meeting showing your concerns. If the committee agrees, the IEP will be edited to reflect the changes.
Due Process:
While it is always a good idea to attempt to work disagreements out with the district in a collaborative manor, there are times that this cannot be done.
If you disagree with the Committee you do have certain “Due Process” rights. You can request an impartial hearing in writing. If you do so, a hearing officer must make a decision within a short time period. Generally, the child remains in the then-current education setting during the course of the due process proceedings, but there are exceptions to this. There is typically a resolution session scheduled prior to the start of the hearing.
While an impartial hearing is an administrative proceeding, it is still a legal proceeding, and it is recommended that an attorney be consulted before initiating one. If you or the districts are unhappy with the outcome of the hearing, it can be appealed to a State Review Officer. An appeal from a State Review Officer is made either to State or Federal Court.
Instead of filing for an impartial hearing, you also have a right and the district has an obligation to inform you of your right– to mediation.
You also have a right to send a complaint to the State Education Department.
Sheryl Frishman, Esq. is an attorney with the law offices of Littman Krooks, LLP.
This is not legal advice. Please do not rely on this without first consulting an attorney.
PDF 
