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Lions, and Tigers, and Due Process, Oh My!

Lions, and Tigers, and Due Process, Oh My!. An Overview of Dispute Resolution. State Complaint. A complaint may be filed by any individual, organization, or an individual from another state.

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Lions, and Tigers, and Due Process, Oh My!

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  1. Lions, and Tigers, and Due Process, Oh My! An Overview of Dispute Resolution

  2. State Complaint • A complaint may be filed by any individual, organization, or an individual from another state. • The LEA has ten (10) business days after their receipt of the Notice of Complaint to resolve the complaint on the local level, or to submit the LEA's written response to the Office of Dispute Resolution and Administrative Services.

  3. The Office of Dispute Resolution and Administrative Services will conduct an investigation of the complaint, which will include a complete review of all relevant documentation and may include an independent on-site investigation, if deemed necessary. • The Office of Dispute Resolution and Administrative Services will send a Letter of Findings jointly to the parent and the LEA

  4. In resolving a complaint in which a failure to provide appropriate services is found, VDOE will address: • The remediation of the denial of those services, including, as appropriate, compensatory services, • the awarding of monetary reimbursement, or • other corrective action appropriate to the needs of the child

  5. Mediation • Voluntary • Mutually agreed upon • Impartial • Confidential

  6. Due Process • "Due process hearing" means an administrative procedure conducted by an impartial hearing officer to resolve disagreements regarding the identification, evaluation, educational placement and services, and the provision of a free appropriate public education that arise between a parent or parents and a local educational agency. Rights are explained in procedural safeguards

  7. Used to address • Eligibility / Identification • Evaluations, including IEEs • Provision of FAPE (Proposed IEPs) • Manifestation related to discipline • To effect a change in placement (for not more than 45 days) if the LEA believes the child is a danger to himself or others

  8. Timeline • 45 calendar days, regular - 20 school days, expedited for decision • Request must be in writing by parent or school, receiving party files response in 10 days • Within five days, hearing officer is appointed from Supreme Court of Virginia • Provide parent with information on mediation, free or low cost legal services, procedural safeguards • Resolution session within 15 days, attempted resolution in 30 days • Hearing • Decision

  9. Parents may… • Have the child who is the subject of the hearing present • Open the hearing to the public

  10. How to Prepare • Attend meeting with school board attorney • Read student record and exhibit book • Observe student, if possible • Be honest (you’ll be under oath!) • Conduct yourself in a calm manner, even if you think the family attorney is badgering you

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