| Are you the parent of a child that has a learning | | | | the school district offers a legally binding settlement |
| disability that has filed for a due process hearing? Has | | | | agreement, consider doing a consent decree. A |
| your school offered a settlement, and you wonder | | | | consent decree is done by a hearing officer. The |
| what to do about it? Do you want to make sure that | | | | agreement is actually read into the record, and is |
| the settlement is enforceable in state or federal court? | | | | treated as a regular due process hearing officer |
| This article will discuss 7 issues that you need to keep | | | | decision. Check with your state board of education |
| in mind for a special education settlement agreement. | | | | and see if they allow consent decrees and if they can |
| Under the Individuals with Disabilities Education Act | | | | be enforced by the state board of education. |
| there are 2 types of settlement agreements. | | | | 5. Most settlement agreements have confidentiality |
| 1. A written settlement prepared at a resolution | | | | agreements included as part of them. What this |
| session, after due process is filed. | | | | means is that the parents are agreeing to not tell |
| 2. A written settlement prepared at a mediation | | | | anyone what the settlement agreement contains. You |
| meeting by a mediator. | | | | will have to decide if you are willing to agree with this |
| Keep these things in mind when preparing and | | | | or not. |
| agreeing to a special education settlement agreement: | | | | 6. Most school districts put in agreements that this |
| 1. Read the settlement agreement from beginning to | | | | agreement will settle any past disputes between |
| end. Consider showing the agreement to a special | | | | parents and the school district. Make sure that the |
| education attorney or an experienced advocate, to | | | | agreement does not say future disputes; as you do |
| ensure that it is a fair agreement. | | | | not want to give up any IDEA rights in the future. |
| 2. Only settlement agreements prepared at a | | | | 7. If a settlement agreement contains an offer for a |
| resolution meeting (after due process is filed for by the | | | | private placement at public expense, make sure that |
| parents), or a mediation are enforceable in state or | | | | the agreement does not contain a waiver of stay put. |
| federal court. So be careful! | | | | If your child does well in the private school and you |
| 3. The agreement should be in writing, be specific, be | | | | have waived stay put, you will have difficulty keeping |
| dated, and signed by both parties. Make sure that any | | | | your child in the private school for stay put. There are |
| promises of services have dates for starting and/or | | | | ways around this, but it will be difficult and time |
| ending services! Also make sure that if a particular | | | | consuming. |
| service is offered that it states who will provide the | | | | I think any settlement that has waiver of rights, should |
| service. For example: Speech Therapy will be provided | | | | be looked at with a microscope! You do not want to |
| for 90 minutes per week by a Licensed Speech | | | | make it difficult in the future to ensure that your child |
| Language Pathologist. The Therapy will begin in 2 | | | | receives a free appropriate public education! |
| weeks; which is the week of March 15, 200_ and will | | | | By keeping these things in mind you will ensure a fair |
| end May 28, 200_. | | | | special education settlement agreement that will |
| 4. If you already started a due process hearing and | | | | benefit your child's education! |