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About dispute resolution and FAPE


Mackn
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Did you enter into a settlement agreement with your district? Did the terms of that agreement say that the district is no longer responsible for providing FAPE? Or, is the child still in a public school with the district expected to provide FAPE?

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Yes, some settlement agreements call for that. Especially if you are seeking private placement at district expense at a school that is not bound to IDEA. If the district cannot hold the private placement accountable--then they really cannot guarantee FAPE.

This is a fairly common circumstance--the parent is putting their faith in the private placement.

Just know that if it doesn't work out, you have no recourse.

I always recommend that you pay the few hundred bucks to have an attorney to read over your settlement agreement, if you didn't hire one to help draw it up.

 

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