DUE PROCESS, MEDIATION & AGENCY COMPLAINTS

1. DUE PROCESS, MEDIATION & AGENCY COMPLAINTS Elvin W. Houston December 7, 2011

2. Dispute Resolution Options • Mediation • TEA Complaint • Due Process

3. MEDIATION • Can be requested by parents & districts • Confidential • Non-binding • Available as an option when both parties agree • Most control

4. TEA COMPLAINT • Can be requested by parents and members of the public • Purpose is technical compliance • Includes an early resolution option • TEA requires a district response and identification of responsive records • Self-imposed corrective action and format of response adds a degree of control

5. DUE PROCESS HEARING • Can be requested by the district or parents • Ultimately considers provision of FAPE rather than technical compliance • Requires a resolution meeting • If not resolved results in an administrative "trial" with a judge (hearing officer), a court reporter, witnesses (cross- examination) • Least control of out-come

6. MEDIATION PREPARATION • Confirm agreement to mediate • Contact TEA to request appointment of a mediator • Identify necessary participants based on potential issues • Review records and talk to persons with knowledge of issues and circumstances

7. COMPLAINT PREPARATION • Review the parent complaint & instructions from TEA • Attempt early resolution or consider mediation • Gather and organize requested documents and documents you need to show compliance • Prepare an investigative response that references relevant documents and proposes corrective action as needed

8. DPH PREPARATION • Notify your attorney • Notify your insurance carrier • Gather all the student’s records. All. All. All. • Schedule the resolution meeting, send parents a copy of procedural safeguards and identify low-cost legal resources available to parents • Consider an ARD

9. DUE PROCESS, MEDIATION & AGENCY COMPLAINTS Elvin W. Houston December 7, 2011