| Are you the parent of a child with autism that is | | | | districts and parents, within 15 days. If an agreement is |
| receiving special education services? Are you tired of | | | | reached, a legally binding settlement agreement must |
| your child not getting needed educational services? | | | | be written and signed by parents and school personnel. |
| Are you considering filing for a due process hearing, | | | | Either side can void the agreement within 3 business |
| and would like to know what legally binding settlement | | | | days! |
| agreements are? This article will discuss what legally | | | | 2. If a parent requests mediation and an agreement is |
| binding settlement agreements are so that you can | | | | reached, a written agreement signed by both parties is |
| help your child receive FAPE. | | | | also legally binding! There is no 3 day voiding allowed in |
| Due process is a formal process used by parents and | | | | mediation. |
| special education personnel to resolve disputes | | | | It is extremely important for parents to understand that |
| between them. Either special education personnel or | | | | legally binding settlement agreements only apply to |
| parents may file for a due process hearing. The | | | | settlements reached during the resolution meeting or |
| hearing is run by a due process hearing officer which | | | | mediation. |
| in most states are attorneys; that have special | | | | Many parents thought that they were signing a |
| knowledge of special education. | | | | settlement agreement that was enforceable, only to |
| The Individuals with Disabilities Education Act (IDEA) | | | | find out that it was not! If you are having difficulty with |
| which was reauthorized in 2004 allowed for legally | | | | your school district and they are now offering a |
| binding settlement agreements for the first time. Prior | | | | settlement agreement, I would immediately ask for |
| to this any written settlement between parents and | | | | mediation. By doing this any agreement is enforceable |
| school districts, were not legally enforceable by any | | | | in state or federal court. Mediation must be agreed to |
| entity! This is a good change for parents and children, | | | | by both parties. If the school district refuses to go to |
| because if a school district writes a legally binding | | | | mediation, file for a due process hearing. You can still |
| settlement agreement it can be enforced by any state | | | | settle your case at the resolution meeting, and it would |
| or federal court. | | | | be considered a legally binding settlement agreement! |
| There are two types of settlement agreements under | | | | By understanding legally binding settlement agreements |
| IDEA 2004: | | | | you will be able to help advocate for a free |
| 1. If a parent files for a due process hearing for their | | | | appropriate public education for your child! Good Luck! |
| child a resolution meeting must be held between school | | | | |