Rights for for Dads A Non Emotional Outcome Based Approach To Collaborative Business.

Rights for for Dads

A Non Emotional Outcome Based Approach To Collaborative Business

Agenda

Procedural Safeguards• State Complaint• Independent Educational Evaluation• Confidentiality and Access to Student Records• Informed consent• Notice• Due Process Complaint• Mediation• Private Placement• Discipline• Resources

Procedural Safeguards The rules are the tools

Procedural safeguards • Copy given to you at least once a school year• Upon initial referral or request for evaluation • In accordance with the discipline procedures

when a change in placement occurs • Upon receipt of the first State complaint in a

school year • Upon the receipt of the first request for a due

process hearing in a school year• Upon your request to receive a copy • Right to full explanation of the meaning of each

procedural safeguard.

STATE COMPLAINT

Filing a state complaint

• Only for IDEA procedural violations• Must be submitted in writing to the DOE• Sixty calendar days time line• Opportunity to submit documentation• Finding of facts• Corrective actions• Remedy provisions

Independent Educational Evaluation

Requesting an IEE• At public expense without delay• Only after the district evaluation• Same or similar test• Qualified examiner• Same setting• Required to provide a list of examiners• Do not have to choose from list• Grant the IEE and pay or initiate due process • Have the person doing the IEE attend the IEP

Confidentiality and Access to Student Records

Everything in writing

• FERPA Family Education Rights and Privacy Act • Right to review records and restrict access• Right to copies• Can be charged a fee• Right to amend • Limit information to facts• Can have records purged• Anything personally identifiable • Exception is teachers personal notes

Informed Consent

Informed consent

• Must know what consent is being given for• Prior to any evaluation• Initial placement in special education• Release of information• Can be conditional• Can be revoked• With revocation loss of FAPE including 504

Notice

When I am notified

• Prior written notice• Establishes clarity and accountability• Within reasonable time (10 days)• Native language• Before meetings• Sates purpose and who will be in attendance• Where and when to be held.

Due Process Complaints

Due process complaints

• Only as a last resort• Even when you win you lose.• Must exercise all other administrative options• Must have resulted in loss of FAPE• Prevailing party can recoup attorney's fees• Right to appeal

Mediation

Requesting mediation

• Non biased mediator• Written agreement legally binding• Confidential and may not be used as evidence• Can be requested at any time. • Must be mutually agreed to mediate• No cost to parent

PLACEMENT BY PARENTS OF STUDENTS IN PRIVATE SCHOOLS

!

Private Placement

• If placed by parents loss of FAPE• do not have an individual right to special

education and related services • Right to evaluation• Same proportion of federal dollars • Obligation to consult • Offer of equitable services• Due process and state complaint

DISCIPLINING STUDENTS WITH DISABILITIES

Discipline and Behavior

• Standard code of student conduct• Student with an IEP• Prior knowledge of disability• Positive behavioral interventions and support• Impedes with learning• Ten days suspension• Manifestation determination• Exception of drugs or weapons• Burden of proof on parent• Goals under social emotional domain• No cessation of services after 10th day

Resources

Resources

• Central Florida Parent Center http://www.cflparents.org/ • National Parent Technical Assistance Center http://www.parentcenternetwork.org/• Procedural safeguards NICHCYhttp://nichcy.org/laws/idea/legacy/module17• Partners Resource Network videoshttp://www.youtube.com/playlist?list=PLE876877019EC5EC5

Wilbur Hawke239.417.3636

wilbur@flafathers.com

http://www.flafathers.com/

Wilbur Hawke 239 417-3636 wilburhawke@sfptic.org http://www.sfptic.org