EDSE 539 Special Education Leadership in Schools

1. EDSE 539Special Education Leadership in Schools Parent Rights and Relationships Dispute Resolution Remedies

2. Family Educational Rights and Privacy Act (FERPA) • Parents have the right to inspect and review school records. • Parents have an opportunity for a hearing to challenge records. • Written consent is required for release of information • Transfer to third parties is limited after release

3. Access to personally identifiable information is strictly controlled • Student name • Names of parents or family members • Social security number, etc. • Personal characteristics • Any information which could be used to identify the student • Rights are transferred to students at the age of 18 • http://www.doe.virginia.gov/special_ed/regulations/state/transfer_rights_students_disabilities.pdf

4. Special Ed Parent Rights and Procedural Safeguards • Should be given to parents (minimum) • Upon initial referral or parent request for evaluation • Upon receipt of the first state complaint and the first due process complaint in a school year • When a decision is made to take a disciplinary action that constitutes a change of placement • Upon parent request • http://www.doe.virginia.gov/special_ed/regulations/state/procedural_safeguards/english_procedural_safeguards.pdf

5. How can we REALLY help parents of students with disabilities?

6. Dispute Resolution • IDEA is the 4th most litigated Federal Statute • Prior Written Notice • Mediation • Complaint Proceedings • Due Process

7. Written Prior Notice • Whenever the LEA proposes to initiate a change or refuses to initiate a change in identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to the child, the LEA needs to provide an explanation of this initiation or refusal to the parents.

8. Contents of Written Prior Notice • Description of the action proposed or refused • Explanation of why the LEA proposes or refuses to take the action and a description of each evaluation procedure, assessment, record or report the agency used as a basis for the proposed or refused action • Statement that the parents have procedural safeguards • Sources for parents to contact for assistance in understanding this • Description of other options considered by the IEP team and why they were rejected • Description of other factors relevant to the proposal or refusal

9. Mediation • http://www.doe.virginia.gov/special_ed/resolving_disputes/mediation/index.shtml • Added in 1997 IDEA reauthorization • Alternative to adversarial proceedings • LEA must offer mediation, but participation is voluntary on both sides • Results are confidential • Mediator is provided by the state • Attorneys can be present but may not represent

10. Mediation Informal, little preparation or cost Honest, persuasive communication Future-focused Attack problems Parties make the final decision Win-win Cements relationship Hearing Formal, extensive preparation, expensive Guarded, coercive communication Past-focused Attack each other Judge makes the final decision Win-lose Strains relationship

11. Complaints • http://www.doe.virginia.gov/special_ed/resolving_disputes/complaints/complaint_resolution_procedures.pdf • A request that the DOE investigate an alleged violation of a right of a child with a disability who is eligible or believed to be eligible for certain services based on federal and state laws. • Investigator looks into it and gives a decision within 60 days. • LEA may be required to file corrective action plan • Either side may appeal to an independent reviewer

12. Due Process • http://www.doe.virginia.gov/special_ed/resolving_disputes/due_process/index.shtml • Request made in writing by parent or LEA • Hearing officer is assigned by the state • LEA gives parents information on legal representation - low cost, free • Stay-put - student stays where he is during the proceedings • Rights - counsel, evidence, verbatim record

13. Resolution Period- Required in 2004 Law • The LEA is required to convene a resolution meeting when a parent files a due process hearing request. The LEA is not required to have a resolution meeting if the LEA initiates the due process. • Convening -- Holding the resolution meeting within 15 days of receiving the parent’s request for due process. • At the end of the 30 day resolution period, the LEA may request the hearing officer dismiss the case, if the parent fails to participate in the resolution meeting, despite the LEA’s reasonable efforts.

14. Parent decides if it will be open to the public • Similar to a court proceeding • Decision within 45 days • Decision within 20 days for expedited hearing • Can be appealed to the SEA and then to the court system • Only a court can award attorney’s fees

15. Complaint Initiated by parent or student Alleged procedural violations (provision of services, etc.) Decided by state official without a hearing Due Process Initiated by either party Appropriateness of student program or services Decided by a hearing officer after presentation of evidence

16. Timelines • Mediation • Mediator assigned by the state within 2 days • Completion of entire process within 15 days • Complaint • Decision returned within 60 calendar days • Appeal filed within 30 days

17. Due Process • Due Process • Hearing officer appointed within 5 days • Non-requesting party sends a response addressing the issues (unless LEA has given WPN) – 10 days • Within 15 days of receiving parents’ DP request, LEA must convene a resolution session (may be waived if both parties agree). LEA has 30 days (total) to resolve the disagreement • Due process hearing begun and decision reached within 45 days of end of resolution period if resolution is not successful • Appeal to SEA within 30 working days

18. Attorneys • Can be at mediations but may not act as representatives • Are not usually involved in complaint proceedings • LEA attorney not included in Resolution Sessions unless parent has an attorney present • Are usually a part of due process hearings • Courts can determine that the LEA must pay the fees of the parents’ attorney if the parent prevails.

19. Remedies • Injunctions - temporary or permanent • Compensatory education • Attorney’s fees • Tuition reimbursement • Reimbursement for other services, therapies • Not usually punitive damages