Special Education:

Legal Best Practices for

Avoiding Due Process

Carrie Staffieri, M. Ed.

Administrative Intern for Special Education
March 23, 2017
What do we fear most in Special
Education?

Due Process!
Top Ten Reasons For Due Process
#10 Failure to give proper notice of the meeting
#9 Failure to adhere to deadlines
#8 Failure to have proper personnel attend the
IEP Meeting
#7 Failure to take a leadership role at the IEP
Meeting
#6 Failure to document the IEP meeting
Top Ten Reasons For Due Process
#5 Failure to treat the parents as equal members of the team
#4 Lack of candor about student progress
#3 Pre-determining the result/placement
#2 Failure to properly implement the IEP
#1 reason IEP meetings lead to Parents filing for Due Process
is
Failure to properly prepare for the meeting
Ill let you be the judge
Form a small group
Read each scenario within the group
Discuss the facts of the case
Select one person to share the essential details
Decide what the correct decision was in each case and justify
your choice
Scenario 1
Tips to take away:
Track attendance with your counselor
Notify Pupil Services/Special Education when a parent claims
attendance issues are related to school avoidance
Reconvene an IEP or 504 team meeting when attendance related to
school anxiety is a concern brought up by any team member
Not all excessive absenteeism is related to a disability, but if it is
shared that the stressor is the school environment, then it must be
addressed
Scenario 2
Tips to take away:
Make sure staff has access to student accommodations at all times,
including revisions.
Document sharing!
It is ok for teachers to have the whole document, they have a need to
know and it doesnt violate FERPA.
Scenario 3
Tips to take away:
Use a resource like language line to encourage conversation
o Recitation Participation

Provide documents in their native language when possible

Encourage questions from parents
Ask parents to fill out a questionnaire about their child.
o Have them describe areas in which they would like to see their child improve.
o Have them describe their child's personality, interests, and talents.
Scenario 4
Tips to take away:

- Provide safeguards at least once per school year

-As LEA, always check to ensure that parents and everyone attending
signs. Without evidence, it didnt happen

- Ensure that all key players are invited: Regular education teacher (if
student is educated in that environment), special education teacher,
parent and LEA
Scenario 5
Tips to take away:

-Be aware of dismissal protocols for specialized programs

- Ensure that your policies and protocols dont result in the
denial or limitation of services, benefits, or opportunities
-Whole class accommodations could be an OCR violation
Scenario 6
Tips to take away:

- A verbal threat alone does not warrant an outplacement

- Taking disciplinary action is a denial of FAPE unless a manifestation

determination is conducted

- A unilateral removal from the school environment can only occur

when there is a weapon or drug offense or a student has inflicted
serious bodily injury. Placement is for 45 days.
Scenario 7
Tips to take away:

- Remember the 2 prongs of special education qualification do they

have a disability AND do they need specially designed instruction

-Disability must adversely affect educational performance or student

must have demonstrated needs

- If the child requires accommodations, and not goals, perhaps a Section

504 plan would be more appropriate