If a parent/guardian returns an IEP or Amendment rejected partially or fully, the Chairperson will notify the Director of Special Education.
The Director of Special Education will discuss the rejection with the Chairperson and, if necessary, contact the parent/guardian in an attempt to resolve the dispute within four days. Any mutually accepted elements of the IEP will be implemented immediately.
If the dispute cannot be resolved, the Director sends a copy of the rejected IEP or Amendment to the Bureau of Special Education Appeals no later than five days from the notification from the parent/guardian of the rejection of the IEP.
For Initial IEPs: Until the dispute regarding the IEP is resolved, the child will remain in their current placement. No special education services can be provided.
For Review/Reevaluations: Until the dispute regarding the IEP is resolved, the goals, objectives and services of the last accepted IEP will continue to be implemented.
Within 15 days of receiving notice that a parent has made an official hearing request to Special Education Appeals, the district convenes a meeting with the parent(s) and the relevant member(s) of the IEP Team, including a representative of the district with decision-making authority, to try to resolve the dispute. The resolution session may be waived if the district and the parents agree in writing to do so or if they agree to use mediation instead.
If the dispute is resolved at the resolution session, the parent(s) and a representative of the district with the authority to do so sign a legally binding agreement, enforceable in state or federal court. Any party may void this agreement within three business days of the signing.
