I am not sure which to file. Here is my list of issues. I have already filed for mediation for prior issues in his IEP so the process is familiar to me.
I would like to address five concerns I have regarding Gabriel’s IEP
The District needs to provide a therapist or teacher to work with Gabriel for his after school services that can consistently make the appointments and come at a more appropriate time.The District should provide to Gabriel’s parents their written policy on the amount of allowable absences for their employees as well as the previously requested verification logs signed by both Gabriel’s parents and Ms. B evidencing the amount of hours received to date.
The establishment of Goals and Objectives for the Discrete Trial written without the input of Gabriel’s parents, copies of data tracking not being left at the home after the sessions are complete, and maintenance not being done on the goals that are considered mastered.
The denial of a face-to-face meeting with the District supervising BCBA who participated in preparing the current Goals and Objectives in Gabriel’s Discrete Trial program.
The lack of a written behavior plan.
An increase to 10 hours per week of ABA therapy after school.
Mediation implies compromise. If you feel that you and the District could compromise about the issues you've listed, Mediation is the way to go. If compromise is not on your radar screen, ask for a Hearing. You will HAVE to attend a Resolution Session prior to the Hearing anyway. Resolution sessions are similar to Mediation except that they are REQUIRED. Nothing has to come of the Resolution Session, but the parties have to go through it. Mediation is now separate from the Hearing Process and can slow down your access to a Hearing. However, Resolution Sessions occur within the timeline of going to a Hearing, so they don't slow down the process. The truth is that many school districts that have dug in their heels will ONLY pay attention once the parents file for a Hearing. However, no parent should go to any of these Alternative Dispute Resolution solutions before ALL attempts have been made to resolve the problem through informal means. Also, I would NEVER recommend that parents attempt a Hearing without a good Special Ed lawyer. In some states advocates are able to help parents in Hearings and all states allow pro se (parents going by themselves) but School Districts ALWAYS have lawyers at their disposal, so if you don't, I think it will be an unfair fight. Even if you're a lawyer yourself, unless you are an education lawyer you won't necessarily be giving your child the best shot. The truth is that sometimes all it takes is a phone call from your lawyer to their lawyer to smooth things out. District personnel don't always know their legal obligations and don't always ask the District's lawyers to clarify things. But when the Districts lawyers CALL to clarify things, they listen. Get a lawyer to do this for you and you might not HAVE to go to any dispute resolution session of any kind.
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