Transcript Slide 1

Welcomes You To
It’s
Those Wonderful
Rights!
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Eileen Gilley
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George
Bailey
(Buying a suitcase)
"Nooooope, nope nope
nope, nope, nope.
Now look, Joe. Now look,
I ... I want a big one!"
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George
Bailey
"Nooooope,
nope, nope, nope, nope, nope.”
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Mary
Bailey
(George has her
robe)
Mary: "I'll call the police!"
George: "They're way downtown. They'd
be on my side, too."
Mary: "Then… then I'm going to scream!"
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Mary
Bailey
“Then I'm going to scream!"
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Henry
Potter
(Commenting on a newspaper article)
"Sentimental hogwash!"
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Henry
Potter
“Sentimental hogwash!"
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Clarence
Oddbody
“Ahhh, there must be some easier way
for me to get my wings.”
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Clarence
Oddbody
“There must be some easier way."
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A Common Question
Rights
• During Evaluation
• In an IEP Meeting
• Between Meetings
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A Common Question
Responsibilities
• During Evaluation
• In an IEP Meeting
• Between Meetings
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Rights &
Responsibilities
equals
Procedural
Safeguards
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Procedural Safeguards
Definitions on the Web
• Notice of parental rights
• Protect children and their
parents
•• Measures
taken
to
Measures
taken
prevent disaster
to
prevent disaster?!?
Procedural Safeguards
Definitions on the Web
• Notice of parental rights
• Protect children and their
parents
• Measures taken to
prevent disaster?!?
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Procedural Safeguards
Including:
•
•
•
•
•
Prior Written Notice
Informed Consent
Participation in Meetings
Records
Independent Educational
Evaluation (IEE)
• Mediation
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Procedural Safeguards
Including:
• State Complaint
Procedures
• Due Process Hearings
• Discipline
• Private School Placement
• Transfer of Rights
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Procedural Safeguards
Must be made available:
•
•
•
•
•
At least once a year
Initial referral
Request for evaluation
Due Process complaint
Parent request
Tip for Parents: If you don’t understand th
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Prior Written Notice
• Action proposed or refused
• Description of options
If the school district proposes a
• Description
of other
factors
change (Notice
Before)
• Description of evaluation
If the school district refuses a
procedures
change (Notice After)
• Statement of protections
So,
if a parentfor
proposes
a change
• Sources
assistance
and the school says NO…
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Prior Written Notice
•
•
•
•
Action proposed or refused
Description of options
Description of other factors
Description of evaluation
procedures
• Statement of protections
• Sources for assistance
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Prior Written Notice
“Under my right to Prior
Written Notice, I am requesting
a written explanation
of why the
district is
refusing to…”
Remember this
wording!
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Prior Written Notice
• Action proposed or refused
• Description of options
• Description of evaluation
procedures
• Description of other factors
• Statement of protections
• Sources for assistance
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Prior Written Notice
Must be written in:
• Language that is
understandable to the
general public
• Parents’ native language
or other mode of
communication
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This is a test of the
Emergency
Broadcast
System
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POP QUIZ
If a parent is proposing an action, and the
district refuses, the parent can request:
“Under my right to
PRIOR _________
WRITTEN ________,
NOTICE
_______
please provide a written explanation
of why the district is refusing
to take this action.”
Informed Consent
• Initial evaluation
• Initial services
• Reevaluation
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Informed Consent
•
•
•
•
Fully informed
Native language
Understand
Agree
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When Consent is NOT
Required
• Reviewing data
• Testing or evaluation that
all children participate in
• Screening by a teacher
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Participation in Meetings
IDEA states:
Parents must
be afforded an
opportunity to
participate
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Participation in Meetings
•
•
•
•
Notification in advance
Purpose, time, location
Who will be in attendance
Documentation of attempts to
contact the parents
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Records
• Inspect and Review
• Request copies
• Within 30 days
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Independent
Educational Evaluation
• Requested when parent disagrees
• Evaluation conducted by a qualified
person who is not an employee of
the school district.
Tip for Parents: Choose an evaluator who ca
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Independent
Educational Evaluation
School district must either:
• Ensure evaluation is conducted
or
• Initiate a due process hearing.
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We interrupt this
broadcast to bring you
this important bulletin
from the United Press…
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POP QUIZ
If parents request to review their
child’s records, the district
must provide access to the
30 days.
records within ____
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Resolution Options
• Next section: Formal
• Recommend: Informal!
Collaborative
Keep it
Partnership
friendly! =
best outcome!
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Mediation
•
•
•
•
•
•
Resolve disputes
Voluntary
Trained mediator
Timely manner
Confidential
Cannot delay due process
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Mediation
• If agreement is reached Legally binding agreement
• Qualified and impartial
• List of Mediators
• Mediation Brochure
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Local Complaint
Procedure
• Signed written
complaint
• Notify State
• Offer mediation
• Written
response
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Local Complaint
Procedure
If parents
disagree with
the results…
Appeal.
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State Complaint Procedure
A State Complaint must
include....
• A statement of how a
requirement has not been met
• Explanation of facts
• An allegation of a violation
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State Complaint Procedure
Within 60 days, the Department
must…
• Conduct an independent
investigation
• Review all information
• Issue a written decision
• Extend 60 day time limit
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Due Process Hearings
Request for Due Process
Hearing must include…
• A description of the problem
• A proposed resolution of the
problem
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Due Process Hearings
The District must send a
response within 10 days…
• Explanation of why it proposed
or refused an action
• Description of evaluations used
as basis of action
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POP QUIZ
The best outcomes for children happen
when disputes are resolved:
a) After heated discussion.
b) In a formal manner.
c) In an informal, collaborative,
and friendly way.
d) Over drinks at a local bar
Resolution Meeting
To discuss a request for due
process hearing
Necessary?
Not if:
Agree to waive or
Agree to mediation
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Administrative Law Judge
• Knowledge of IDEA and
Florida Rules
• Not an employee
• Impartial
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Due Process Hearing Rights
Both sides have the right to…
•
•
•
•
Counsel
Present evidence
Record of hearing
Findings
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Manifestation Determination
Definition:
A decision made by the IEP Team
about whether a student's
misconduct is caused by the
student's disability.
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Manifestation Determination
Team determines “Yes”
• Functional Behavioral
Assessment
• Behavioral Intervention Plan
Team determines “No”
• Services in different setting
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Private School Placement
If FAPE was made available:
• district does not pay
If FAPE was not made available:
• Due Process - reimbursement
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Transfer of Rights
• AtInleast
one
year
Florida’s
before 18
Procedural
• Notices to
Safeguards on
student and
page…
parent
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POP QUIZ
Who presides over a Due Process
hearing?
a) A representative from the
School District.
b) An Administrative Law Judge.
c) The School Psychologist.
d) Judge Judy.
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Parent Involvement
Responsibilities:
• Return the Meeting Notice.
• Keep in touch
• Actively participate
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Tips for Parents
Before the IEP Meeting
• Request a draft copy of the IEP
• Review the most current IEP document
• At home, discuss what you would like to
see your child learn in the coming year.
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Tips for Parents
Throughout the year
• Talk to other parents.
• Attend workshops.
• Search the internet.
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Tips for Parents
At the Meeting
• Bring your ideas to the table.
• Bring a picture of your child and
put it on the table.
• Bring a support person.
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Tips for Parents
At the Meeting
• Ask questions.
• Bring chocolate!
• Be involved!
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Please take a
moment to fill out
our evaluation.
Thank you!
And while you are doing that…
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This presentation was brought to you by:
(888) 61-AWARE
• Parent Training &
Information Center (PTI)
• Assistance to Parents on
the Special Education
Process
• Central & Northeast Florida
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