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Christel:  My son has an IEP and was retained in 3rd grade without my consent or any meeting. It has almost been two years since the retention. Do I have to file a due process hearing to get this revoked? I was unaware of all of the negative outcomes of holding a student back, and at the time I had so many other issues with the school that I did not proceed with filling a complaint against the school concerning this matter. What can I do?

  1. As a parent who’s been shut out of the process it can be very hard to let go of bitter feelings. I say that from personal experience.

    I would suggest that you try to frame whatever errors you think may have been made that far back in time, in the context of what’s happening now. Try to come up with a list of errors the school has made recently. Also brainstorm a list of remedies.

    I think that if you do this, you might be able to make the more historical mistakes made, such as a retention decision without true parent participation, fit into a due process complaint.

    Obviously, un-retaining the student is not a possible remedy — unless you want your child to, essentially, skip a grade!

    So, you’ll have to think creatively. Good luck.

  2. I would like to know this answer as well. Google “Shane Jimerson Retention” and find 30+ years of research showing that retention is an outmoded practice.

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