1 / 10

Mediation, Citizen Complaints and Due Process and Complaints

Mediation, Citizen Complaints and Due Process and Complaints . 2009 WASA Conference Janice Shave, OAH Karen Davis, SOMTG Pam McPartland, OSPI. Mediation 392-172A-05060 to 05075. Mediation is voluntary-Parents and Districts must agree. OSPI pays for cost of mediation

sasson
Download Presentation

Mediation, Citizen Complaints and Due Process and Complaints

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Mediation, Citizen Complaints and Due Process and Complaints 2009 WASA Conference Janice Shave, OAH Karen Davis, SOMTG Pam McPartland, OSPI

  2. Mediation 392-172A-05060 to 05075 • Mediation is voluntary-Parents and Districts must agree. • OSPI pays for cost of mediation • Sound Options Mediation and Training Group facilitates mediation, including times and location. • Mediators are neutral

  3. Mediation Tips Come prepared to: • Listen • Offer solutions • Focus on the future and needs of the student • Work cooperatively

  4. Citizen Complaints WAC 392-172-05025 to 05045 • Citizen Complaint review is through OSPI • Anyone may file written complaint alleging violations of IDEA and alleging that a district is not implementing a mediation or resolution agreement. • Investigation timeline is 60 days • Parties may agree to extend timeline to mediate

  5. Complaint Tips • The rules require that you admit or deny each allegation. • Information from the complainant is shared with the district. Information from the district is shared with the complainant. • The clearer your response, the less likely we will have to request additional information • Prepare staff for the possible need for interviews or on-site visits

  6. Due ProcessWAC 392-172A-05080 to 05125 • Parents or Districts may file hearing request • Parent or District must file request with specific information on the other party with a copy to OSPI. • When Parent file, 45 day hearing timeline begins 30 days after filing, for a resolution session period. Districts must convene within 15 days

  7. Due Process, continued • If resolution is achieved, complete a written agreement, which is enforceable in court. (3 day cancellation period.) • Other party must file an answer to the complaint. • Hearings are under oath and heard by administrative law judges. • Decisions may be appealed. Parents may file a complaint if district does not implement the decision.

  8. Due Process, Discipline • Hearing to occur 20 school days after request, decision issued 10 school days after hearing. Resolution hearing required within 7 days of parent’s due process hearing request.

  9. Due Process Tips • Be aware of all timelines • Be prepared • Be courteous in the hearing

  10. Thank you! • OSPI Special Education (360) 725-6075 • OSPI Administrative Resources (360) 725- 6133 • OAH (206) 389-3400 • SOMTG (800) 692-2540

More Related