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ERIC Number: EJ1315805
Record Type: Journal
Publication Date: 2021-Nov
Pages: 2
Abstractor: ERIC
ISBN: N/A
ISSN: ISSN-0164-775X
EISSN: N/A
The State Complaint Procedure: A Decisional Alternative under the IDEA
Zirkel, Perry A.
Communique, v50 n3 p16-17 Nov 2021
When parents of students with disabilities reach impasse with school districts, after exhausting informal interactions and alternative dispute resolution mechanisms, such as facilitated IEP meetings and mediation, what is the next step if they seek a binding third-party decision under the IDEA? The typical answer, especially if the underlying issue is the IDEA's central obligation of a free appropriate public education (FAPE), is not a lawsuit, but rather a due process hearing. However, the IDEA provides for another alternative that is less well known but in some cases more effective. Specifically, the IDEA (2018) regulations require every state to have, in addition to due process hearings, a complaint procedures mechanism (§§ 300.151-300.153). The overview presented in this article acquaints school psychologists with the key features of the IDEA's state complaint procedures (SCP), in comparison to due process hearings (DPH), as part of their legal literacy toolkit. This succinct and systematic analysis will help school psychologists fulfill their pivotal role in facilitating dispute resolution under the IDEA and keeping all participants focused on the individual needs of the child within the context of the school community.
National Association of School Psychologists. 4340 East West Highway Suite 402, Bethesda, MD 20814. Tel: 301-657-0270; Fax: 301-657-0275; e-mail: publications@naspweb.org; Web site: http://www.nasponline.org/publications/
Publication Type: Journal Articles; Reports - Descriptive
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Individuals with Disabilities Education Act
Grant or Contract Numbers: N/A