Options for Dispute Resolution

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Presentation transcript:

Options for Dispute Resolution IDEA’s Options for Dispute Resolution Produced by NICHCY, 2007

Familiar Approaches to Resolving Conflicts B. A. Produced by NICHCY, 2007

How About These? A. B. Produced by NICHCY, 2007

This module looks at... IDEA’s options for dispute resolution Informal approaches State complaints Mediation Due process complaints Resolution process Due process hearings Expedited due process hearings in disciplinary situations Other hearings Produced by NICHCY, 2007

Procedural Safeguards Notice Is a comprehensive written explanation of procedural safeguards available to parents of a child with a disability Must be provided to parents once per school year Must also be given to parents under specific conditions Produced by NICHCY, 2007

Examples of Informal Approaches IEP Review Produced by NICHCY, 2007

Examples of Informal Approaches IEP Facilitation Produced by NICHCY, 2007

State Complaints What is a State complaint? Who may file one? What information must be included? What are the SEA’s procedures for handling the complaint? Are there time limits? Produced by NICHCY, 2007

Mediation Description Benefits Procedures SEA’s obligations Confidentiality of discussions Enforcement of written agreement Produced by NICHCY, 2007

And sit back down, refreshed. How ‘bout we stand up? Brain on overload? Time to download. Reach for the sky. And sit back down, refreshed. And stretch a bit. Produced by NICHCY, 2007

Due Process Complaints What is a due process complaint? Who may file one? Are there time limits? What information must be included? What if it’s not included? How does an LEA respond? Produced by NICHCY, 2007

Resolution Process Description Benefits Procedures LEA’s obligations Timelines Enforcement of written agreement Produced by NICHCY, 2007

What rights do the parties have? Due Process Hearings What happens there? What rights do the parties have? What are the timelines? Produced by NICHCY, 2007

Qualifications of Hearing Officer Due Process Hearings Qualifications of Hearing Officer Produced by NICHCY, 2007

Standard for Hearing Officer’s Decision Due Process Hearings Standard for Hearing Officer’s Decision Appealing a Hearing Officer’s Decision Produced by NICHCY, 2007

Due Process Attorneys’ Fees Produced by NICHCY, 2007

Due Process What is the child’s placement until completion of the due process proceedings? Produced by NICHCY, 2007

Special Rules for Due Process Hearings in Disciplinary Situations Produced by NICHCY, 2007 Special Rules for Due Process Hearings in Disciplinary Situations

Due Process One More Hearing When a Child with a Disability is Unilaterally Placed at a Private School One More Hearing and Tuition Reimbursement is at Issue Produced by NICHCY, 2007

Roundup Time! Produced by NICHCY, 2007