Comments on: We Can Work it Out: Using the IDEA 2004 to Resolve Disputes Before They Get to Hearing

By: randychapman

randychapman — Thu, 03 Jul 2008 16:45:14 +0000

Leslie,

Sorry it took me a while to get back to you. I’m not aware of a cite specifically on point. We did find IDEA cases in which school districts argued parents had either waived their right to tuition reimbursement or attorneys’ fees and courts holding that rights must be expressly waived and not through implication. You might look at Burlington v. Mass Dept of Ed 471 US 359, parent violation of stay-put does not waive right to reimbursement, James T. v Troy 407 F Supp. 827, 45 IDELR 186 settelemnt must clearly state that parents waive attorneys’ fees, and two non-IDEA civil rights cases El Club Del Barrio v United Comty Corps 735 F. 2d 98 (3d Cir 1984) and Torres v. Metro Life Ins Co 189 F 3d 331 (3d Cir 1999, a Title VII case. I hope this is helpful.

By: Leslie

Leslie — Tue, 17 Jun 2008 21:27:17 +0000

I’m a parent and an attorney who is fairly new to this arena. I’m looking for a cite that supports the argument that a parent/child cannot waive his/her rights under IDEA, etc. without specifically and clearly doing so. What has happened is that the parents/child settled another unrelated lawsuit against the school district and signed a standard waiver/release relating to the “incident”. Now the school argues that the family cannot seek remedies provided by IDEA, etc. because they waived/released all rights. Do you think I’ll have to analogize to rights under Title VII, etc. for relevant caselaw? Thank you so much for your suggestions.

By: randychapman

randychapman — Mon, 28 Apr 2008 14:12:05 +0000

Dallas,

Thanks for your comment. You might try contacting The Advocacy Center for Persons with Disabilities, Inc, Florida’s Protection & Advocacy System. If they are not able to assist you directly, I’m sure they can refer you to an attorney in your area. Their website is http://www.advocacycenter.org/. Good luck with your mediation.

By: Dallas

Dallas — Sun, 27 Apr 2008 00:27:31 +0000

Randy,

I am seeking an attorney with Florida Education law expertise in Orlando, FLorida. We recently filed a due process complaint and are expected to go into mediation soon. Any suggestions?

Thank you.

By: randychapman

randychapman — Mon, 17 Mar 2008 15:15:47 +0000

Paul,

Thanks for your comment. The IDEA Part C at 20 USC 1439(a) (1) requires that the lead agency assure that there is a process for the timely resolution of administrative complaints by parents. Any party aggrieved by the decision in the administrative process has the right to file suit in state or federal district court. I suggest you find out what administrative process Florida provides for Part C and use that. If unsuccessful the issue can then be litigated. In the alternative, parents also have the right to use the Part B mediation process to resolve Part C disputes.

By: Paul

Paul — Mon, 17 Mar 2008 03:07:30 +0000

Florida IDEA Part C does not have any law adopting Federal due process hearing proceedural safeguards. We filed a due process claim and the ALJ kick it back for lack of jurisdiction. What do we do? THe Fla dept of health claims it is not a party although it is the lead agency. Help!

By: We Can Work it Out Part III: Using the Resolution Process to Resolve Disputes Under The IDEA 2004 « RandyChapman’s Ability Law Blog

Mon, 25 Feb 2008 20:05:01 +0000

[...] to resolve disputes before a due process hearing, the IDEA 2004 added a resolution process. Once a due process complaint notice is filed, the school district is required to convene a resolution meeting between the parents and [...]