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What To Do When Mediation Is Unsuccessful
Under IDEA, a school district must offer an IEP with placement and services to eligible students.
When a parent disagrees with the placement offer, IDEA provides for an administrative appeal of the IEP.
This appeal is called a due process hearing. Once the appeal is filed, IDEA provides for opportunities prior to hearing to attempt to settle the dispute.
One of these forums is called a resolution session, the other is called mediation.
At Resolution
At the resolution session which occurs no more than ten days after the filing of the complaint, the parent meets with an expanded IEP team to discuss possible solutions to the dispute. This is a good early opportunity to focus the district’s attention on your child’s problem as your case will be one of several cases the district has to resolve simultaneously.
Sometimes even if no agreement is reached at the resolution session, the parties make considerable progress and agree to keep negotiating via phone, fax, and email.
If a settlement agreement is not hammered out prior to the mediation meeting, hopefully the settlement can be finalized at mediation which typically is convened two weeks after the resolution session.
At Mediation
At mediation, there should be discussion about the parent’s legal theories and the reason why settlement makes better sense for both parties – namely it enables the District to spend money on student services rather than legal fees.
Statistics show us that in California a large number of cases, upwards of 75%, settle at mediation or prior to hearing, but after mediation.
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How To Get Started
The Law Offices of Bonnie Z Yates provides experienced representation to parents of special needs children.
Our practice is dedicated to special education law including IEP meetings, mediation and settlement, due process hearings, Regional Center Eligibility, informal dispute resolution and IPP meetings.
Our team is composed of attorneys, skilled education professionals and support staff [...]
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IEP Meetings
Representation at the earliest stage helps lead to sooner implementation of an appropriate educational program for your child, and establishes a pattern for effective advocacy throughout the your child’s school career.
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IEP Meetings
IEP Meetings
Whether you are just starting out at your first IEP team meeting or you are a seasoned advocate for your child, we can provide you with expert and experienced legal advice that will help you build or restructure your case to achieve the results you need.
Under the Individuals with Disabilities Education Act (IDEA), every [...]
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Our Family Services
Regional Center Eligibility
Many children are improperly denied eligibility notwithstanding an autism spectrum diagnosis. A knowledgeable attorney can successfully assist in reversing an unfavorable eligibility determination READ MORE »
IPP Meetings
Services are denied or taken away from eligible children every year without cause. Having an attorney present at IPP meetings will increase your opportunity for a successful outcome. READ [...]
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Mediation and Settlement
If the District offers an unsatisfactory placement, we recommend utilizing mediation or informal dispute resolution to secure a favorable outcome for your child. Mediation with the District is an informal process where both sides can constructively present their needs and options.
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WE UNDERSTAND Families have enough battles to overcome in everyday life living with special needs children. We know. Many of our staff members are parents of special needs children and have gone through the difficult educational and emotional processes you are experiencing.
A TEAM APPROACH
The Law Offices of Bonnie Z. Yates, Inc. employs a team approach in securing your child's education rights. Our team is composed of attorneys, skilled education professionals and support staff committed to assisting you in obtaining all the education services to which your child is entited.
TO SCHEDULE AN INITIAL FREE PHONE CONSULTATION
If you would like to schedule an initial phone consultation, please fill out our Family Intake Form.
Once completed, our office will call to set up a convenient appointment time with you.
Please call 310-204-6624 for more information. The initial consultation is free.
Bonnie Z Yates
Bonnie Yates is an attorney with over 25 years of experience. In 1994, when her second child was diagnosed with autism, Ms. Yates focused her legal practice exclusively on special education to help her son obtain the educational services he needed. Ms. Yates and her team of lawyers have helped hundreds of children obtain vital educational services.
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