If, for some reason, you disagree with the identification, evaluation, placement or program that the Joint School District #2 is proposing for your child, and discussions with our staff have not been successful in resolving the differences, then we will give you written notice of our proposal or refusal regarding the program placement. Upon your receipt of the written notice, you have 10 days to respond in writing, outlining the reasons that you disagree. At this point the district cannot implement any of the proposed changes and must either try to resolve the issues through mediation or file for a due process hearing.

The State of Idaho has implemented a voluntary mediation system under which families and schools can resolve their disagreements and potentially avoid a due process hearing. Under this system, both the school and the family voluntarily agree to meet with an impartial person to discuss and resolve their disagreements. If agreement can not be reached, then a due process hearing can be requested and held.

Due process procedures have been established for the following reasons:

• To allow parents or schools to protest what each other does, requiring each part to justify and defend their actions;
• To set the balance of power by allowing parents to seek a resolution of a dispute from an impartial hearing officer;
• To force parents and professionals to focus on the child's identification, evaluation, classification, placement, and program.

During a due process procedure you have the following rights:

• Mediation
• Hearing Rights
• Hearing Officers
• Hearings and Appeals
• Stay-Put Rule

The procedures for due process have both positive and negative elements that we would like to share with you. They are listed as follows:

Pro's

• Core of fair treatment
• Demands accountability
• Establishes a balance of power
• Gives parents the right to question professionals
• Focus on student rights and needs

Con's

• Financial costs
• Emotional costs
• Reduced confidence
• More conflict

NOTE:
Advocacy assistance can be obtained from: Co-Ad
Comprehensive Advocacy
4477 West Emerald, Suite B-100
Boise, Idaho  83706
(208) 336-5353 (V/TDD)
(800) 632-5125 (V/TDD)