I can't talk about my own resolution settlement because it is confidential - mind you that confidentiality was not at our request but at the districts insistence - they don't want other parents to know what they give to some of the parents. It might encourage others to ask for the kind of services that are working for other kids when the district fails to do its job. So consider this a compilation of several cases.
Now a lot of settlements are made during due process but prior to going to court. The districts know when they have stinker of a case and that they are likely to lose and will often settle during mediation rather than risk losing big and being exposed as court cases subject them to. What I have seen them do though is go into the mediation and discuss certain issues but not give specific dates and such, not discuss certain terms, such as transportation, and then get real sneaky and sleazy and insert things into the resolution agreement as though they had been discussed. Then when you bring it up they refuse to discuss it because "we have an agreement" when in fact you didn't agree to what they have put in the document.
If the child is being sent to a non-public school that location is likely some distance from the child's home - so when the district sneaks "no transportation" into the agreement that puts the parents in the position of having to take their child to and from school every day, which may be some distance. Since the child is in school all day, it is unlikely that the parent can just sit around and wait all day so they must make two trips daily to a location that could be 20 - 30 - or 40 miles or more. Right now gasoline prices continue to rise and with an average of 25 mpg and a distance of 25 miles each way that will mean 4 gallons of gasoline per day, not to mention the increased costs for insurance when putting on so many miles every day. It adds up.
Another sneaky way to avoid paying what the district should rightfully pay is to put limits on when they will pay for certain things. Say you place your child in a non-public school for two months prior to the resolution. You did this legally and they should be on the hook for paying for this NPS as long as it is agreed that this is what your child needs to get FAPE. It is determined that the district should pay for the schooling for the two months prior - that's all that is discussed, but when the paperwork comes back, the district has added in without any conversation or agreement, that they will not pay for behavioral services or a one to one aide as they had previously agreed were needed for your child to benefit from an educational placement prior to the day you sign the agreement. Because of what you discussed you are under the impression that they are covering all services except for OT and Speech therapy which were excluded by agreement, and to top it off, as you are trying to read through the agreement, they enter the room and start chatting with each other so that you are not really able to concentrate. In this case, you must sign the agreement that day, there is no taking it home to read and think about, it has to be done that day.
So, what I learned from this is - have a list of everything that must be included even if they are not specific due process issues and check them off before agreeing to anything. You can bet there could be things that you did not discuss as it wasn't in the due process complaint. Then, check all the fine print for any additions to the agreement that were not discussed. Do not sign until they agree to honor the spirit of what was stated rather than going along to get things over and done, yes you are tires, but so are they, and maybe they will decide to quit arguing over stuff they shouldn't be arguing about if you are ready to go to court. Either take your copy of the agreement out of the room to read and inspect carefully, or tell them to leave and you will call them when you are ready to sign any paperwork.
They are not there to discuss what your child needs. They are there to settle a court case and give as little as possible no matter what your child's needs. This is a battle and they will stop at nothing to win.
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