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Help - filing a complaint

Submitted by an LD OnLine user on

This is TIME SENSITIVE as I have a 10 day turnaround time to respond to the school.

I am looking for the law on filing a complaint against the school.

PART ONE

I am in the process of a formal complaint that has gone to the school district/compliance officer and has been returns with her findings. Her report states that I have to get back with any concerns within 10 days.

My concern is that if I miss this date I will be unable to file a legal complaint (if need later), as the Weslaw legal book tells me that parents often lose opportunities because they lack understanding on how to file a claim and do it wrong.

I do have concerns with some of the responses, but the hope was to hold the school accountable to help my child. The problem is that the upcoming MET and IEP meetings are after the 10 day turnaround and I won’t know if the school will be responding favorably until after I have to get back to the compliance officer.

My fear is that the school will have a negative outlook on my child if I disagree with the compliance officers findings.

So, in a nutshell,

1) do I have to file against the school disagreeing with their findings so that the State can investigate, and,

2) if I do not, will I lose any legal jurisdiction if I do?

PART TWO

I was told by the compliance officer that the laws written in the newest Westlaw book on IDEA and Privacy Act have not been implimented yet; they will be in July 2005. However, I thought this had already been passed? Is this determined state by state or does it follow federal law?

My concerns are regarding the “contacting both parents” with concerns regarding my child, as we are divorced in living in two different locations. The school claims that they gave information to the mother assuming I would get it.

If anyone has any recommendations or suggestions on actual law (codes and other relevant information, please let me know.

Thank you (in advance) for your help!

Submitted by Janis on Thu, 05/05/2005 - 5:59 PM

Permalink

The new IDEA 2004 law goes into effect July 1, 2005, so IEP meeting held before then would usually fall under the old law. However, according to the Wrightslaw site, the federal regulations are not expected out until winter 2006, so I am uncertain how the states will implement the new law until they have that.

Check here regarding your other questions:

http://www.wrightslaw.com/

Janis

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