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Compliance Complaint & Manifestation Determination Review
An IEP that has been created pursuant to federal law is a binding document, and if your child’s school district is not complying with its terms, you do have options. One of those options is to file a complaint with the State Department of Education.
If your child has engaged in behavior that is going to result in their being placed in a different environment and you are opposed to the change, you have the right to request a manifestation determination review (MDR). The purpose of an MDR is to determine whether or not the behavior your child engaged in was due to their disability and/or a result of their IEP not being adhered to.
Compliance Complaints
A parent who feels the state and/or federal special education laws are not being complied with can file a compliance complaint with the California Department of Education (CDE). The complaint is a request that the CDE investigate the allegations it makes. There is a time limit during which this complaint must be filed, and it is advised to meet with a special education attorney to ensure that you meet all of the criteria to file a successful complaint. Investigators will investigate the allegations and prepare a written report with their findings, and if they find non-compliance issues, specific recommendations on how to remedy the issues.
Should the investigator not find it in your favor, there is an appeal process with which your attorney from Lavian Law Firm, APC, can assist you.
Manifestation Determination Reviews
Being the parent of a child with special needs is a remarkable journey filled with challenges and rewarding moments. Parenting becomes even more challenging when your child’s behavior differs from what others expect, particularly when you understand that their behavior is a result of their disability. Crafting an Individualized Education Plan (IEP) can be a helpful tool to educators when followed, but it can be very disheartening to learn that the IEP is being ignored. Despite these obstacles, it’s essential to stay positive and focused on finding effective solutions to support your child’s unique needs.
When either of these situations occurs, it is time for an MDR to be conducted. An MDR should be held within ten days of the conduct or behavior in question, and the IEP team is obligated to consider all relevant information.
You, the parent, must appear at the MDR prepared and ready to advocate for your child. At Lavian Law Firm APC, we can help you understand the process and the best way to prepare so your child receives the best support.
Connect With A Compliance Complaint & Manifestation Determination Review Attorney at Lavian Law Firm, APC
If your child is not receiving the accommodations or assistance they are entitled to under their IEP, you need assistance in helping to ensure necessary changes are made. Contact Sherry Lavian at Lavian Law Firm, APC, and schedule a consultation. We take pride in assisting children and their families to navigate the California special education system. We may be reached via our contact page.