We Are Still Accepting Cases for the 2015-2016 School Year
The SpedEx Program is: a dispute resolution option that is available in certain cases after an IEP has been rejected or a hearing request has been filed. It (a) is designed to assure that a child receives a free appropriate public education (FAPE) in the least restrictive environment (LRE); (b) is voluntary and will build trust between parents and schools; (c) is expedient; (d) provides a jointly agreed-upon independent SpedEx Consultant to review evidence and advise the parties on FAPE and LRE so they may resolve their dispute. The Consultant is chosen from a list maintained by the SpedEx Administrator and available for review here: Consultants
The independent SpedEx Consultant can assist parties to determine the program the child needs to assure a FAPE in the LRE. The parties are not bound by the consultant's report and recommendation. If the parties agree to the SpedEx recommendation, the dispute is considered resolved. Upon agreement the child is placed in the program recommended by the consultant and the SpedEx Consultant observes the child in the program to observe whether the signed IEP is being implemented. If the parties do not agree with the SpedEx recommendation, the parties may pursue their due process rights.
The following questions will assist you in determining whether SpedEx may be appropriate for your circumstances:
If your answer to either of these questions is "yes," the next step would be to propose the possibility of using SpedEx to the other party (either the school or the parent.) If both parties are interested in pursuing the possibility, then contact Dr. David Scanlon, SpedEx Administrator, at firstname.lastname@example.org
Are the school district and the parent:
SpedEx is an on-going experimental project, with limited funding (eight cases) for the 2015-2016 fiscal year. Requests for this option after an IEP has been rejected or a hearing request has been filed will generally be accepted on a first-come, first-served basis. Dr. Scanlon reserves the right to reject applications that are not consistent with the pilot objectives.
Typical SpedEx Timeline
After an IEP has been rejected or a hearing request filed...
Ask the other party (parent or school) to agree to engage the SpedEx dispute resolution process.
of order of preference (first choice may not always be available).Parties jointly select 1-3 SpedEx Consultants they will agree on to review the case. Notify the SpedEx administrator
SpedEx administrator contracts with one Consultant to review the case. Parties are notified.
School administrator facilitates permissions for Consultant to enter school facilities, access student records, observe, and interview appropriate school staff.
Consultant then has approximately 30 school days to interview parties, which may include the child, observe, review relevant documents, and prepare a report advising the parties on FAPE and LRE to resolve their dispute.
Following delivery of the report to the parties by the SpedEx administrator, parties agree to adopt the Consultant's recommendations and then sign an IEP reflecting their agreement (suggested: agreement decision made within 10 days), with placement of the child within 30 days.
If they reject the Consultant's recommendations they may pursue their due process rights.
Regardless of the parties' decision, the SpedEx Consultant's report becomes part of the child's permanent record.
If the SpedEx Consultant's recommendations are adopted, parties may request the Consultant to make a follow-up observation within 30 days of placement.
At the conclusion of the SpedEx process, the SpedEx administrator contacts both parties to solicit their opinions on the SpedEx process.
You may consult the SpedEx administrator at any stage of the process.
Please direct any questions to: Dr. David Scanlon at email@example.com
SpedEx Consultant Disclosures and Limitations Policy
The SpedEx Consultant shall not communicate with or work with the parent, student, school district, advocate, or other parties involved in a case for one full year from the time the SpedEx process is completed, with the exception that the Consultant and any party may participate in a different SpedEx case(s) about a different student with any of the parties during that time.
In the event the Consultant and any party on a pending SpedEx case worked together within the last year, they shall notify the other parties of this before finalizing selection of a Consultant. This notification requirement applies whether the Consultant worked with a party on a separate matter or a SpedEx case in that year.
Effective 9/12/14 The above policy began during the 2014-2015 school year. It is enforced until further notice. We are interested to hear from you about its effectiveness.
site last updated: March 15, 2016