EDSE 539Special Education Leadership in Schools

Parent Rights and Relationships

Dispute Resolution

Remedies

Family Educational Rights and Privacy Act (FERPA) Parents have the right to inspect and review

school records. Parents have an opportunity for a hearing to

challenge records. Written consent is required for release of

information Transfer to third parties is limited after

release

Access to personally identifiable information is strictly controlled Student name Names of parents or family members Social security number, etc. Personal characteristics Any information which could be used to identify

the student Rights are transferred to students at the

age of 18 http://www.doe.virginia.gov/special_ed/

regulations/state/transfer_rights_students_disabilities.pdf

Special Ed Parent Rights and Procedural Safeguards

Should be given to parents (minimum) Upon initial referral or parent request for evaluation Upon receipt of the first state complaint and the first

due process complaint in a school year When a decision is made to take a disciplinary

action that constitutes a change of placement Upon parent request http://www.doe.virginia.gov/special_ed/regulations/

state/procedural_safeguards/english_procedural_safeguards.pdf

How can we REALLY help parents of students with disabilities?

Dispute Resolution IDEA is the 4th most litigated Federal Statute

Prior Written Notice

Mediation

Complaint Proceedings

Due Process

Written Prior Notice

Whenever the LEA proposes to initiate a change or refuses to initiate a change in identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to the child, the LEA needs to provide an explanation of this initiation or refusal to the parents.

Contents of Written Prior Notice 1. Description of the action proposed or refused2. Explanation of why the LEA proposes or refuses to

take the action and a description of each evaluation procedure, assessment, record or report the agency used as a basis for the proposed or refused action

3. Statement that the parents have procedural safeguards

4. Sources for parents to contact for assistance in understanding this

5. Description of other options considered by the IEP team and why they were rejected

6. Description of other factors relevant to the proposal or refusal

Mediation http://www.doe.virginia.gov/special_ed/

resolving_disputes/mediation/index.shtml Added in 1997 IDEA reauthorization Alternative to adversarial proceedings LEA must offer mediation, but participation

is voluntary on both sides Results are confidential Mediator is provided by the state Attorneys can be present but may not

represent

Mediation Informal, little

preparation or cost

Honest, persuasive communication

Future-focused Attack problems Parties make the final

decision Win-win Cements relationship

Hearing Formal, extensive

preparation, expensive

Guarded, coercive communication

Past-focused Attack each other Judge makes the final

decision Win-lose Strains relationship

Complaints

http://www.doe.virginia.gov/special_ed/resolving_disputes/complaints/complaint_resolution_procedures.pdf

A request that the DOE investigate an alleged violation of a right of a child with a disability who is eligible or believed to be eligible for certain services based on federal and state laws.

Investigator looks into it and gives a decision within 60 days.

LEA may be required to file corrective action plan Either side may appeal to an independent

reviewer

Due Process http://www.doe.virginia.gov/special_ed/resolving_disputes/

due_process/index.shtml

Request made in writing by parent or LEA Hearing officer is assigned by the state LEA gives parents information on legal

representation - low cost, free Stay-put - student stays where he is during the

proceedings Rights - counsel, evidence, verbatim record

Resolution Period- Required in 2004 Law The LEA is required to convene a resolution meeting when a parent files a due process hearing request. The LEA is not required to have a resolution meeting if the LEA initiates the due process. Convening -- Holding the resolution meeting

within 15 days of receiving the parent’s request for due process.

At the end of the 30 day resolution period, the LEA may request the hearing officer dismiss the case, if the parent fails to participate in the resolution meeting, despite the LEA’s reasonable efforts.

Parent decides if it will be open to the public

Similar to a court proceeding Decision within 45 days Decision within 20 days for expedited

hearing Can be appealed to the SEA and then to

the court system Only a court can award attorney’s fees

Complaint Initiated by parent or

student

Alleged procedural violations (provision of services, etc.)

Decided by state official without a hearing

Due Process Initiated by either

party

Appropriateness of student program or services

Decided by a hearing officer after presentation of evidence

Timelines Mediation

Mediator assigned by the state within 2 days Completion of entire process within 15 days

Complaint Decision returned within 60 calendar days Appeal filed within 30 days

Due Process Due Process

Hearing officer appointed within 5 days Non-requesting party sends a response

addressing the issues (unless LEA has given WPN) – 10 days

Within 15 days of receiving parents’ DP request, LEA must convene a resolution session (may be waived if both parties agree). LEA has 30 days (total) to resolve the disagreement

Due process hearing begun and decision reached within 45 days of end of resolution period if resolution is not successful

Appeal to SEA within 30 working days

Attorneys

Can be at mediations but may not act as representatives

Are not usually involved in complaint proceedings

LEA attorney not included in Resolution Sessions unless parent has an attorney present

Are usually a part of due process hearings Courts can determine that the LEA must pay the

fees of the parents’ attorney if the parent prevails.

Remedies

Injunctions - temporary or permanent Compensatory education Attorney’s fees Tuition reimbursement Reimbursement for other services, therapies Not usually punitive damages