IDEA 2004 Procedural Safeguards: Legal Rights and Options Mississippi Association of School Superintendent Spring, Mississippi Department of Education Office of Instructional Enhancement and Internal Operations/Office of Special Education

Procedural Safeguards Per IDEA 2004, a copy is given one time a year, except upon the following: Initial referral Parental request for re-evaluation First occurrence of filing of a complaint Request of parent Upon your child’s initial IEP Committee meeting Parents may receive required notices via LEA encouraged to place on website Fall Mississippi Department of Education Office of Instructional Enhancement and Internal Operations/Office of Special Education

Procedural Safeguards Per Miss. Code Ann. Section , a copy is given one time a year, except upon the following: Initial referral or parent request for evaluation First occurrence of filing of a complaint Request of parent Upon your child’s initial IEP Committee meeting Parents may receive required notices via Fall 2011 Mississippi Department of Education 3

Procedural Safeguards Independent Educational Evaluations (IEE) Written Prior Notice (WPN) Parental Consent Surrogate Parents Access to Examine Records Request for Investigation of Complaint Resolution Process Mediation Fall Mississippi Department of Education Office of Instructional Enhancement and Internal Operations/Office of Special Education

Procedural Safeguards Impartial Due Process Hearings Expedited Due Process Hearings Civil Action Child’s Status During Proceedings Attorney’s Fees Procedures for Students who are subject to Placement in an Interim Alternative Educational Setting Requirements for Unilateral Placement by Parents of Children in Private Schools When FAPE is an Issue Fall Mississippi Department of Education Office of Instructional Enhancement and Internal Operations/Office of Special Education

Procedural Safeguards Changes Resulting From IDEA 2004 More detailed procedures regarding surrogates for wards of the State and homeless Time period to file a complaint Opportunity to resolve differences between districts and parents Availability of mediation Time period for filing civil action Fall Mississippi Department of Education Office of Instructional Enhancement and Internal Operations/Office of Special Education

State Complaint 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? Fall Mississippi Department of Education Office of Instructional Enhancement and Internal Operations/Office of Special Education

State Complaint Allows for parent, individual, or organization to formally register concern(s), and alleged IDEA violations with the Mississippi Department of Education. Fall Mississippi Department of Education Office of Instructional Enhancement and Internal Operations/Office of Special Education

Who may File Complaint? A child’s parent or individual may file, but so may any organization (including those from another state). Must be written and signed. Fall Mississippi Department of Education Office of Instructional Enhancement and Internal Operations/Office of Special Education

State Complaint A State Complaint must include- Statement of violation of requirement of Part B Facts on which statement is based Signature and contact information for the complainant Name and address of residence of child and name of school child is attending Description of nature of problem Proposed resolution of the problem Fall Mississippi Department of Education Office of Instructional Enhancement and Internal Operations/Office of Special Education

State Complaint (Continued) Violation must have occurred within one year. The party filing the complaint must forward a copy of the complaint to the LEA at the same time it files with the MDE. Fall Mississippi Department of Education Office of Instructional Enhancement and Internal Operations/Office of Special Education

Procedure for Handling Complaint 60 day time limit (after complaint is filed) Independent investigation if determined necessary by SEA Opportunity for complainant to submit additional information about the allegations in the complaint Fall Mississippi Department of Education Office of Instructional Enhancement and Internal Operations/Office of Special Education

Procedure for Handling Complaint Provide LEA opportunity to respond to allegations – 1) resolution 2) mediation SEA reviews all relevant information and makes independent determination as to compliance with Part B; and Issue written decision to the complainant for findings of fact, conclusions and reasons for the SEA’s final decision. Fall 2011 Mississippi Department of Education Office of Instructional Enhancement and Internal Operations/Office of Special Education 13

Mediation Description Benefits Procedures SEA’s obligations Confidentiality of discussions Enforcement of written agreement Fall Mississippi Department of Education Office of Instructional Enhancement and Internal Operations/Office of Special Education

Mediation Mediation is an opportunity for parents and school officials to sit down with an independent mediator and discuss a problem, issue, concern or complaint in order to resolve the problem amicably without going to due process. Fall Mississippi Department of Education Office of Instructional Enhancement and Internal Operations/Office of Special Education

Benefits of Mediation Lowered financial and emotional costs Tends to be faster Ownership of implementation plan Maintains ongoing and positive relationship with school district Fall Mississippi Department of Education Office of Instructional Enhancement and Internal Operations/Office of Special Education

Procedures for Mediation Parent or district requests mediation through OSE (verbal or written). OSE is responsible for assignment of mediator. Both parties must agree to participate in mediation to resolve disputed issue – It is a voluntary process. Fall Mississippi Department of Education Office of Instructional Enhancement and Internal Operations/Office of Special Education

Mediation Process If successful, written agreement will be signed by parents and district at close of session. If unsuccessful, parents or district may choose to pursue resolution of disputed issues through other OSE processes. If disputed issue becomes a due process request, no information obtained from the mediation session may be utilized within the due process hearing. Fall Mississippi Department of Education Office of Instructional Enhancement and Internal Operations/Office of Special Education

SEA’s Obligations Responsible for paying for the mediation process Responsible for maintaining a list of qualified mediators who are knowledgeable about the laws and regulations relating to special education and related services Must select mediators on random, rotational basis Fall Mississippi Department of Education Office of Instructional Enhancement and Internal Operations/Office of Special Education

Confidentiality Discussions If disputed issue becomes a due process request, no information obtained from the mediation session may be utilized within the due process hearing. All discussions that occur during mediation are confidential. Fall Mississippi Department of Education Office of Instructional Enhancement and Internal Operations/Office of Special Education

Enforcement of Written Agreement Written agreement is signed by both the parent and the representative of the agency who has the authority to ‘bind’. A written, signed mediation agreement is enforceable in any State court of competent jurisdiction or in a district court of the United States. Fall Mississippi Department of Education Office of Instructional Enhancement and Internal Operations/Office of Special Education

Contact Information Dr. Armerita Tell, Bureau Director Susan M. Davis, Division Director Office of Parent Outreach PHONE: FAX: Program Coordinators Jean Bounds, Patricia Dixon, Debby P. Renfro Parent Hotline Fall Mississippi Department of Education Office of Instructional Enhancement and Internal Operations/Office of Special Education