1 Welcomes You To It’ s Those Wonderful Rights!
Jan 01, 2016
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George Bailey
"Nooooope, nope nope nope, nope, nope.
Now look, Joe. Now look, I ... I want a big one!"
(Buying a suitcase)
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Mary Bailey
Mary: "I'll call the police!" George: "They're way downtown. They'd be on my side, too." Mary: "Then… then I'm going to scream!"
(George has her robe)
Definitions on the Web
Procedural Safeguards
• Notice of parental rights
• Protect children and their parents
• Measures taken to prevent disaster
• Measures taken to prevent disaster?!?
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Definitions on the Web
Procedural Safeguards
• Notice of parental rights
• Protect children and their parents
• Measures taken to prevent disaster?!?
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• Prior Written Notice• Informed Consent• Participation in Meetings• Records• Independent Educational
Evaluation (IEE)• Mediation
Procedural SafeguardsIncluding:
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• State Complaint Procedures
• Due Process Hearings
• Discipline
• Private School Placement
• Transfer of Rights
Procedural SafeguardsIncluding:
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Procedural Safeguards
Tip for Parents: If you don’t understand the safeguards, ask for an explanation!
Must be made available:• At least once a year
• Initial referral
• Request for evaluation
• Due Process complaint
• Parent request
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Prior Written Notice
• Action proposed or refused• Description of options• Description of other factors• Description of evaluation
procedures• Statement of protections• Sources for assistance
• Action proposed or refused• Description of options• Description of other factors• Description of evaluation
procedures• Statement of protections• Sources for assistance
If the school district proposes a change (Notice Before)
If the school district refuses a change (Notice After)
So, if a parent proposes a change and the school says NO…
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Prior Written Notice
• Action proposed or refused• Description of options• Description of other factors• Description of evaluation
procedures• Statement of protections• Sources for assistance
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Prior Written Notice
“Under my right to Prior Written Notice, I am requesting
a written explanationof why the district is
refusing to…”
Remember this wording!
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Prior Written Notice
• Action proposed or refused• Description of options• Description of evaluation
procedures• Description of other factors• Statement of protections• Sources for assistance
• Action proposed or refused• Description of options• Description of evaluation
procedures• Description of other factors• Statement of protections• Sources for assistance
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Prior Written Notice
Must be written in:• Language that is
understandable to the general public
• Parents’ native language or other mode of communication
If a parent is proposing an action, and the district refuses, the parent can request:
“Under my right to
_______ _________ ________,
please provide a written explanation of why the district is refusing
to take this action.”
PRIOR WRITTEN NOTICE
POP QUIZ
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When Consent is NOT Required
• Reviewing data• Testing or evaluation that
all children participate in• Screening by a teacher
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Participation in Meetings
• Notification in advance
• Purpose, time, location
• Who will be in attendance
• Documentation of attempts to contact the parents
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Independent Educational Evaluation
• Requested when parent disagrees• Evaluation conducted by a qualified
person who is not an employee of the school district.
Tip for Parents: Choose an evaluator who can attend the IEP in person or by phone.
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Independent Educational Evaluation
School district must either:
• Ensure evaluation is conducted or
• Initiate a due process hearing.
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If parents request to review their child’s records, the district must provide access to the records within ____ days.30
POP QUIZ
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Resolution Options
• Next section: Formal• Recommend: Informal!
Keep it friendly!
Collaborative Partnership = best outcome!
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Mediation
• Resolve disputes• Voluntary• Trained mediator• Timely manner• Confidential• Cannot delay due process
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Mediation
• If agreement is reached - Legally binding agreement
• Qualified and impartial• List of Mediators• Mediation Brochure
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• Signed written complaint
• Notify State• Offer mediation• Written
response
Local Complaint Procedure
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• A statement of how a requirement has not been met
State Complaint Procedure
A State Complaint must include....
• Explanation of facts • An allegation of a violation
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• Conduct an independent investigation
• Review all information• Issue a written decision• Extend 60 day time limit
State Complaint Procedure
Within 60 days, the Department must…
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Due Process Hearings
• A description of the problem• A proposed resolution of the
problem
Request for Due Process Hearing must include…
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• Explanation of why it proposed or refused an action
• Description of evaluations used as basis of action
The District must send a response within 10 days…
Due Process Hearings
POP QUIZThe best outcomes for children happen when disputes are resolved:
a) After heated discussion.
b) In a formal manner.
c) In an informal, collaborative, and friendly way.
d) Over drinks at a local bar
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Resolution Meeting
To discuss a request for due process hearing
Necessary?
Not if:Agree to waive or
Agree to mediation
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Due Process Hearing Rights
• Counsel• Present evidence• Record of hearing• Findings
Both sides have the right to…
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Manifestation Determination
A decision made by the IEP Team about whether a student's
misconduct is caused by the student's disability.
Definition:
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Manifestation Determination
Team determines “Yes”• Functional Behavioral
Assessment• Behavioral Intervention Plan
Team determines “No”• Services in different setting
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Private School Placement
If FAPE was made available:• district does not pay
If FAPE was not made available:• Due Process - reimbursement
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Transfer of Rights
• At least one year before 18
• Notices to student and parent
In Florida’s Procedural
Safeguards on page…
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Who presides over a Due Process hearing?
POP QUIZ
a) A representative from the School District.
b) An Administrative Law Judge.
c) The School Psychologist.
d) Judge Judy.
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Parent Involvement
Responsibilities:
• Return the Meeting Notice.
• Keep in touch
• Actively participate
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Tips for Parents
Before the IEP Meeting
• Request a draft copy of the IEP
• Review the most current IEP document
• At home, discuss what you would like to see your child learn in the coming year.
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Throughout the year
• Talk to other parents.
• Attend workshops.
• Search the internet.
Tips for Parents
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At the Meeting
Tips for Parents
• Bring your ideas to the table.
• Bring a picture of your child and put it on the table.
• Bring a support person.