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When School Administration Goes "Rogue": Navigating Power Struggles in Special Education Due Process

It is a common and frustrating tactic: you successfully advocate to have a hostile supervisor removed from your child's daily educational communications, only for them to resurface at the legal level. In the scenario where a supervisor denies mediation and pushes for Due Process via direct email—bypassing the Superintendent’s stated chain of command—parents are right to be alarmed.

Here is the reality of the situation and how to handle it:

1. The Distinction Between IEP Meetings and Due Process While parents have significant input on the IEP Team (and can formally request the exclusion of staff who create a hostile environment), Due Process is a legal proceeding. In a legal setting, the School District has the right to appoint anyone they choose as their "LEA Representative." Unfortunately, this means you likely cannot legally ban a specific supervisor from sitting at the defense table or attending the hearing, even if they have been removed from daily casework.

2. The "Rogue" Email Strategy If a supervisor contacts you directly regarding legal moves (like denying mediation) after the Superintendent explicitly stated another Director would handle the case, this is a major red flag. It suggests the supervisor may be acting without full authorization or is attempting to intimidate the family before the new Director steps in.

3. Actionable Steps for Parents

  • Do Not Engage: Do not reply to the hostile supervisor. This prevents further escalation.

  • Loop in the Higher-Ups: Immediately forward the email to the Superintendent and the School Board Vice President. Use neutral, factual language: "We received this denial from [Supervisor] today. We were under the impression that [Director] was handling this matter to avoid conflicts. Please clarify if [Supervisor] is still the decision-maker, as this contradicts our previous conversation."

  • Prepare for Legal Counsel: "ODR Due Process" is a formal trial, not a meeting. If the district is denying mediation, they are preparing for a fight. This is the moment to consult a special education attorney or advocate; do not navigate Due Process alone against a hostile administrator.

VillageED’s special education services page offers guidance for navigating due process and administrative disputes: https://www.villageed.org/sped-services.