Category Archives: IDEA Law

Mediation Request – the schools perspective

You may remember about two months ago the school requested a facilitated IEP.

I am not going to include the whole document, just parts that I need to rebut.  This will allow me to develop a response when I file our request for Mediation.  I will also file a request for Due Process hearing at the same time.  In addition, we will be filing our complaint against the district at the same time.

The school lists a summary of preceding events.  I will post them as they are listed and then respond with links to specific sections of my blog that address those events more thoroughly.

I substituted the name of the school district with Home District and the students name with Student as necessary.  I also substituted the name of the residential facilities as needed.  I apologize for any confusion that arises from said substitution.


Summary of Preceding Events

April 2011 – IEP Meeting to review “placement options” for student.
– Parent places student in CAPH day treatment program
– Student admitted to hospital because CAPH couldn’t handle him.
– Student Discharged from hospital psychiatric placement
– Hospital child psychiatrist recommends residential placement
– Student admitted to residential facility
July 17, 2011 – IEP at residential facility
November 23, 2011 – IEP revision: placement 1 hour per day at elementary school
December 8, 2011 – Residential Facility monthly staffing – discharge dates discussed
January 11, 2012 – Annual IEP: Placement options included
– Home district – needed and appropriate services not available.
– neighboring district – declined to accept student
– Day treatment program would accept student and had opening.
January 12, 2012 – Parents toured day treatment program.
– Parents refuse placement at day treatment program.
– Parents state that they will homeschool student, but don’t file paperwork with school
January 30, 2012 – home district principal requests facilitated IEP
– Facilitated IEP scheduled but parents cancel after agreeing to the date.
Davidh 12, 2012 – Facilitated IEP held at neutral location in home district.  Meeting results in “impasse”.
Davidh 2012 – Home district requests service plan, none provided to date. Superintendent contacts family to request service plan again.

Summary of Issues for Mediation

  • IEP Placement for student has not been agreed upon by the IEP team.
  • Student continues to be placed in Home School by his parents.
  • No “Service Plan” has been provided by student’s parents despite requests made by the home district to do so.
  • The home School has continually indicated in multiple meetings that they are unable to provide the needed school program and services that the student requires.
  • Through the IEP process, the home district has explored placement options that would more appropriately meet the student’s educational needs.
  • The home district has recommended placement in a day program at a residential facility in a regional city as an appropriate placement because they have the services required for the student to be successful.  This program has been willing to accept the student.
  • The home district has offered to pay costs associated with this placement including educational services and transportation.
  • The home district has maintained that the student has had almost no opportunity to demonstrate successful participation in a public school setting.  Further they maintain that residential school at the group home to day programming at the residential facility is not only least restrictive but is a logical transition for the students long term placement in the home district.
  • The home district feels that it is necessary to have both parents participate in person if mediation is to be successful.  Previous attempts at meetings in which the student’s mother has participated by phone conference have been unsuccessful.
  • The home district is requesting mediation to address the issues outlined above in an attempt to resolve differences with the student’s parents and come to an agreement about appropriate services for the student.


In my next post, I will post a rebuttal that we would file if we thought remediation would work.