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Re: Digest Number 517

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Just wanted to throw in a warning. In some states, signing " no " to an IEP

automatically throws you into due process!! Talk to a lawyer in your state

who knows sped law before you do or don't sign anything!! in GA

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>Just wanted to throw in a warning. In some states, signing " no " to an IEP

>automatically throws you into due process!! Talk to a lawyer in your state

>who knows sped law before you do or don't sign anything!! in GA

I have seen those forms, where the only " Disagree " box to check also

carries the statement, " . . . and request a due process hearing. " One

can cross that out, or insert the word NOT. One can also write in the

margin - or wherever - that one disagrees but does NOT CONTEST it. No

one can force a parent to go to a due process hearing. They just don't

participate in the pre-hearing conferences, go to the hearing, and

watch the district spend it's money on getting what they already have.

The only caveat is if a state would have some whacko rule about

penalties to a parent who doesn't participate in a hearing process -

but I can't imagine OSEP ever approving such a plan. And remember -

the federal grant to the state for sped $$ is contingent on OSEP's

approval of the state plan. I'd bet good money that there is no state

that has such a rule, cuz it's not in conformance with IDEA.

Celeste

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