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Good evening! I can help you out with your legal question tonight.
If the text in the settlement agreement states that the "parents do not waive the right to bring an enforcement action in the event of a breach of this agreement," then the parents can't sue for the underlying events of the settlement agreement, but can sue if the district doesn't uphold the terms of the contract.
The law is pretty clear on IEPs. The responsibility to initiate the meetings, paperwork, ect is on the district.
That is correct. Have they paid the money yet?
The agreement is they pay for my son's high school until he graduates. There are all sorts of testing that needs to be done now after he turns 16. He needs a transition
component and the testing should be covered by the district. They are saying they wont cover it. We have tried to lay low and not be a pain for them but if they won't pay for the testing that by law has to be part of his IEP then we will get picky and mention they are non-compliant.
If the terms of the settlment agreement were that it was to pay, and they are not, then they are breaching the contract/agreement and you could sue.
Thanks so much! Appreciate your time and expertise!!
You are welcome!! Have a great night and please leave me feedback so I can continue to help others.
Have a good night.
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