If you have a disagreement with your IEP team, you have the option of informal or alternative dispute resolution before filing for due process. If parents choose to decline the informal dispute resolution, that can’t be held against them during due process proceedings. However, parents should not go to due process without an attorney. If you request due process, the district is going to get their lawyers on board.
How do you know when it’s time to get legal help? Here’s what attorney Dina Kaplan recommends: “After you have an IEP with an offer that you disagree with, and you've tried to resolve those informally, or you just feel like you need some more advice before you try to resolve it informally.” She recommends signing up for a free consultation with an attorney to go over whether you have a case and have explored all your other options.
For more, see our full article 7 Parent Questions Answered by a Special Education Attorney.
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