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Rights for for Dads

Rights for for Dads . A Non E motional O utcome B ased A pproach T o C ollaborative B usiness. Agenda. Procedural Safeguards State Complaint Independent Educational Evaluation Confidentiality and Access to Student Records Informed consent Notice

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Rights for for Dads

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

  2. 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

  3. Procedural Safeguards The rules are the tools

  4. 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.

  5. STATE COMPLAINT

  6. Filing astate 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

  7. Independent Educational Evaluation

  8. 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

  9. Confidentiality and Access to StudentRecords

  10. 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

  11. Informed Consent

  12. 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

  13. Notice

  14. 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.

  15. Due Process Complaints

  16. 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

  17. Mediation

  18. 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

  19. PLACEMENT BY PARENTS OF STUDENTSIN PRIVATE SCHOOLS !

  20. 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

  21. DISCIPLINING STUDENTS WITH DISABILITIES

  22. 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

  23. Resources

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

  25. Wilbur Hawke 239.417.3636 wilbur@flafathers.com http://www.flafathers.com/

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

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