The Exceptional Student Education (ESE) department is committed to identifying and meeting the unique educational needs of exceptional students. From time to time, parents of students with disabilities and the school district sometimes disagree as to what special education and related services are appropriate for their child.
It is usually to everyone’s advantage to try to resolve differences or correct any noncompliance concerns in the least adversarial manner and closest to the school level. This saves time, preserves relationships, and can result in better outcomes for the student as well as their family.
When disagreements occur or when you believe that the school is not meeting its legal obligations, there are various options available to resolve these disputes.
Contact the ESE School Site Specialist: Each school has a district ESE school site specialist on staff to provide support to teachers, parents, and school personnel in the areas of curriculum, ESE policies and procedures, IEP and eligibility meetings, positive behavioral support, or other areas that involve the identification, evaluation, or placement of a student with a disability. Contact the school’s ESE secretary to speak with the ESE school site specialist.
If your child has an IEP, convene the IEP team: First and foremost, parents and school districts are encouraged to work together to resolve issues regarding a student’s exceptional student education needs. When concerns or disagreements regarding a student’s exceptional educational needs arise, it is helpful for the parent to immediately speak with the student’s teacher and others as appropriate such as, a school counselor, ESE school site specialist, district ESE specialist, school administrator, or ESE district administrator. It is often necessary to convene the IEP Team to work through concerns and come to a resolution in the best interest of the child. Doing this allows for your concerns to be addressed in a timely manner that preserves relationships, and can result in better outcomes for the student as well as their family.
If your child is not an ESE student, but you have concerns or disagreements about an eligibility determination or the need for an initial evaluation made by the school-based team: Contact the ESE School Site Specialist
What other resources are readily available? After working with the school team to address concerns, parents who feel they were unable to resolve the concerns or have questions, you may contact the district’s ESE office to request assistance. The Exceptional Student Education department provides resources and direct support to parents and schools when disagreements arise. Resources are available to assist you with understanding your rights as a parent of a student with disabilities and with answering any of your questions related to the eligibility, identification, evaluation and/or placement of a student with a disability. (Contact the ESE District Office)
Tips for Initiating the Problem-Solving Process
Some disagreements can be solved easily, while others may take more time and effort. The first step in solving a problem is to make sure that everyone understands the problem. It is often best to ask for a meeting when you don’t understand something or think the school doesn’t understand you. Many times, talking to the right person will help.
Ensure to speak with the student’s teacher and other relevant persons who have the knowledge and the power to address the problem such as, the school counselor, onsite ESE specialist, district ESE specialist, school administrator, or ESE district administrator. Taking a complaint to someone who cannot make decisions is not a good use of time for you or your child. Not sure who can help? Contact the school and ask to speak with the ESE School Site Specialist.
Tips for Preparing for an IEP Meeting
Prepare a written list of issues you want to discuss and questions you want to ask. Think about what is most important to you for your child’s IEP and make a note of these items. Ask yourself three important questions:
1. Where is my son or daughter now in his or her educational progress?
2. Where do I want my son or daughter to be a year from now and how can those expectations be measured?
3. In what ways can the IEP team help him or her to meet those expectations? Organize your documents. Record dates and notes on them. You may want to make copies of some of the information to share with the team.
4. Ask the school to prepare a draft meeting agenda and a draft IEP for your review prior to the meeting.
5. Do your homework. Reach out to a trusted source familiar with ESE processes and procedures, district ESE specialist/administrator, join other parents of students with disabilities by attending meetings conducted by the ESE Advisory Council, join a parent training and information center such as FDLRS Parent and Family Services, or contact our ESE Family Liaison.
6. Be willing to listen and carefully consider ideas that others may suggest.
7. Arrive a little before the IEP meeting, so you have time to get ready to participate.
Florida Department of Education ESE Dispute Resolution Systems
The ESE district office is committed to establishing and maintaining positive, collaborative relationships with parents while simultaneously ensuring the best possible outcomes for students with disabilities. We are committed to making every effort possible to facilitate agreements/resolve problems, and would wholeheartedly welcome the opportunity to do so. Additional information about other dispute resolution options can be accessed on the Florida Department of Education's (FLDOE) webpage.