What if I disagree with decisions made by the IEP team?
If the parent disagrees with the IEP team and doesn’t feel like their concerns can be addressed through informal communication with the school or the school’s grievance process, the parent can proceed with a more formal complaint process.
This link will lead you to a page from the Iowa Department of Education which outlines the different options for dispute resolution. It also contains a model complaint form.
School’s grievance process
You can complain through your school district’s grievance process. This process is often outlined in the school district’s student handbook, or in school board policies.
State Complaint
A state complaint is a written, signed statement alleging that a school district or AEA has violated the IDEA or Iowa state law implementing the IDEA. Complaints must be filed within one year of the violation. The Iowa Department of Education will investigate the complaint and will provide a written decision within 60 days of receipt of the complaint. If the Department finds that there was a violation, a corrective plan will be created.
Mediation
This voluntary process is offered through the Iowa Department of Education. It is designed to resolve disputes in the early stages of disagreement. An impartial mediator, who is assigned by the Iowa Department of Education, will help both parties come to a mutually agreeable solution. Mediation agreements are legally binding, so having an attorney present is advised. Mediation may be a good option after filing a State Complaint or a due Process Complaint, but you do not need to file a formal complaint before requesting mediation. Mediation will give you and the district the opportunity to come to an agreement without the need to wait for an investigation (if you filed a state complaint) or to attend a Due Process hearing (if you filed a due process complaint).
Due Process Complaint
A due process complaint is a formal complaint about your child’s identification, evaluation, placement, or FAPE. It is a request for a due process hearing. The due process complaint may include violations that happened in the last two years. Before the hearing, a resolution meeting is required, but both parties can agree to decline the meeting and go to mediation instead. A resolution meeting is a meeting where the school and parents try to resolve the issues brought up in the due process complaint before going to the next step. There is not a mediator present during a resolution meeting.
Due Process Hearing
A due process hearing is very similar to going to court. Lawyers are usually involved, and both parties present their case in front of an administrative law judge (ALJ) who has been assigned by the Iowa Department of Education. Both parties can present evidence and witness testimony. After the hearing, the ALJ will issue a decision.
OCR Complaint
Section 504 of the Civil Rights Act bans discrimination on the basis of disability. The Office of Civil Rights (OCR) does not enforce the IDEA, but this complaint procedure may be appropriate if a child has a 504 plan instead of an IEP, or if the school discriminates against a child with a disability in violation of the Americans with Disabilities Act (ADA).
The following link contains more information about OCR complaints.
What if my child has been repeatedly suspended or removed from the classroom?
After a student is removed from class for 10 days in a row, or has been removed multiple times that add up to 10 days and involve similar behavior, the IEP team must hold a manifestation determination review (MDR). This meeting should be held before the school removes the student for 11 or more days, or before they try to expel the student or place them in a different educational setting as discipline. The meeting is an opportunity to figure out whether your child’s behaviors are a manifestation of his or her disability or whether they are due to the school’s failure to implement the IEP.
What are the consequence of decisions made in the MDR?
If the child’s behavior is a manifestation of the student’s disability, the IEP team should review and update the IEP to include a Functional Behavioral Assessment (FBA) and/or Behavior Intervention Plan (BIP), or update an existing BIP. Unless the parent and school both agree to change a child’s placement when modifying the BIP, the child must returned to their usual placement.
If the behavior is not a manifestation of the child’s disability or due to the school’s failure to implement a child’s IEP, the school district may apply disciplinary procedures. If the child is placed at an interim alternative educational setting (IAES), the child must still receive FAPE. An IAES may include another location within the school building or district, therapeutic school, or educational program intended for students who are being disciplined.
