Just How much power does a parent have?

 Just how much power does a parent have?

 

A parent filed a due process claim alleging that her choice of a program placement was ignored and the school district selected a different school from her choice.

The school caseworker for the DC public schools participated in the development of the IEP.   The IEP specified that the child needed a quiet environment and a maximum class size of six children.  The caseworker solicited the opinion of the child’s mother in identifying any schools the mother might think were appropriate.  

The mother visited the Frost school twice and liked the program.   Frost accepted the student and DC public schools approved the placement.  When the caseworker informed the mother that the placement had been confirmed, the mother said she changed her mind and no longer wanted that placement because it was too far.

The mother filed a due process complaint because she said the school was too far and too noisy.  She also rejected a second school for the same reason and said that as the parent she had to approve not only the placement level but also the specific school.

The mother filed two due process complaints both of which were dismissed by the hearing officer.   The mother then went to the court system.

The court denied the mother’s claim.  It stated that the mother did not have the right of selection and that the district had demonstrated that it had tried to work with the mother and actively included her in the process.  The school cited multiple discussions with the parent to demonstrate her active participation in the process.

The court dismissed the mother’s claim that the schools selected by the district were too far away because there was nothing in the IEP that stipulated the travel time.

Most importantly, the court ruled that the disputes boiled down to conflicting testimony and the court said it was not going to second guess the hearing officer or the district personnel.  The mother lost on all counts.

Lesson learned:  If something is important to a child’s educational plan, that item needs to be in the IEP.  And, when in doubt, courts are deciding for the district.