You are on page 1of 2

Step 1: parents only have rights to due process when it comes to issues or disputes in special

education, not in general education- you can only have a dispute in relation to FAPE. For
example, if the school had a meeting to discuss or change a student's IEP without including the
parents.
2. You can present evidence and witnesses during the disputes and due process.
3. If you win the court case, you can get fees for the attorneys covered by the school.
If parents are not included in the changes to the IEP, it could mean that they are changing
articles that better accommodate them and not the student. It gives the parents and guardians a
chance to be a part of their students' academics. The evidence and witnesses help to support
the case and dispute, showing the court the exact reasons why they are bringing this dispute to
court. The attorney fee wavering gives parents the confidence to bring these cases to court
without having to worry too much about the financial impact that it could leave them with

Step 2
● Identify and explain how the due process rights were applicable in the given
scenario.
○ The rights were given because she had the right to bring it to court due to
FAPE and the right to have an attorney who could help her with this
conflict. There is evidence that can be presented, which was through the
notes from both the parent and the principal.
● Evaluate whether these rights were upheld or possibly violated.
○ The school's rights were violated as it did not include the family in the
mediation process and potentially violated the stay-put act by having the
student sent to community service.
● Discuss the potential impact on the student and their family if due process
rights were not respected.
○ If the rights were not respected, the parents would not have been able to
pursue due process to obtain legal justice for the student. They also
wouldn't have been able to get legal representation, which allowed both
sides of the situation to be questioned and talked to before going to court.
● Consider any legal or procedural aspects that may have been involved in
resolving the situation.
○ One legal situations are the Stay Put Act allowing for the student to stay at
the school and with extra accommodations that can help with the
behavoral issues that the student is going through.
Step 3

Reflect on the importance of due process rights in special education, drawing from your
understanding of the module materials and your own research.

Due process allows for parents to make sure to hold the systems and schools
accountable for their students to receive an equitable education. It is the system of
checks and balances as they all work together for the student. It also keeps parents in
the loop as they need to know what is going on with their students and their IEPs as
these things can make unfair adjustments to students.

Discuss the role of due process in ensuring fair and equitable educational opportunities
for students with disabilities and their families.

If families did not have these rights then they will be not in school and will receive
inequitable education. Also if the role of due process is not there then students will not
be in the classroom as the laws arent being followed which will affect the whole family. If
students have to learn from home with tutors that will cause adjustments to the families
that may not be doable or equitable

Propose at least two recommendations or strategies to enhance the awareness and


application of due process rights in educational settings. Your recommendations do
NOT have to be directly related to this case study.

1. Schools have meetings to discuss and workshop together how to help their
students with disabilities and the laws that are there in place that they need to
follow.
2. Families and the schools have weekly meetings or annual meetings together
discussing due process and what it means to them together. Schools inform
parents of their rights and responsibilities towards making sure that they have
equitable education.

You might also like