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BizAttorney
BizAttorney, Attorney
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Experience:  Over 12 years of business and legal experience.
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We have a settlement agreement with a school district regarding

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We have a settlement agreement with a school district regarding our son who has Asperger's. The settlement states Parents do not waive the right to bring an enforcement action in the even of a breach of this Agreement. The district has been non-compliant and not initiated IEP meetings for 3 years. What does taking enforcement action really mean? Would it jeopardize the settlement?

BizAttorney :

Good evening! I can help you out with your legal question tonight.

BizAttorney :

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.

Customer:

The law is pretty clear on IEPs. The responsibility to initiate the meetings, paperwork, ect is on the district.

BizAttorney :

That is correct. Have they paid the money yet?

Customer:

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

Customer:

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.

BizAttorney :

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.

Customer:

Thanks so much! Appreciate your time and expertise!!

BizAttorney :

You are welcome!! Have a great night and please leave me feedback so I can continue to help others.

BizAttorney :

Have a good night.

BizAttorney :

I see that you haven't given me feedback yet. Did you have additional questions?

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