1 Welcomes You To It’s Those Wonderful Rights!

Eileen Gilley

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5 George Bailey "Nooooope, nope nope nope, nope, nope. Now look, Joe. Now look, I... I want a big one!" (Buying a suitcase)

6 George Bailey "Nooooope, nope, nope, nope, nope, nope.”

7 Mary Bailey 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!" (George has her robe)

8 “Then I'm going to scream!" Mary Bailey

9 Henry Potter "Sentimental hogwash!" (Commenting on a newspaper article)

10 Henry Potter “Sentimental hogwash!"

11 Clarence Oddbody “Ahhh, there must be some easier way for me to get my wings.”

12 Clarence Oddbody “There must be some easier way."

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14 Rights During Evaluation In an IEP Meeting Between Meetings A Common Question

15 Responsibilities A Common Question During Evaluation In an IEP Meeting Between Meetings

16 Rights & Responsibilities equals Procedural Safeguards

Definitions on the Web Procedural Safeguards Notice of parental rights Protect children and their parents Measures taken to prevent disaster Measures taken to prevent disaster?!?

18 Definitions on the Web Procedural Safeguards Notice of parental rights Protect children and their parents Measures taken to prevent disaster?!?

19 Prior Written Notice Informed Consent Participation in Meetings Records Independent Educational Evaluation (IEE) Mediation Procedural Safeguards Including:

20 State Complaint Procedures Due Process Hearings Discipline Private School Placement Transfer of Rights Procedural Safeguards Including:

21 Procedural Safeguards Tip for Parents: If you don’t understand the safeguards, ask for an explanation! Must be made available: At least once a year Initial referral Request for evaluation Due Process complaint Parent request

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23 Prior Written Notice Action proposed or refused Description of options Description of other factors Description of evaluation procedures Statement of protections Sources for assistance Action proposed or refused Description of options Description of other factors Description of evaluation procedures Statement of protections Sources for assistance If the school district proposes a change (Notice Before) If the school district refuses a change (Notice After) So, if a parent proposes a change and the school says NO…

24 Prior Written Notice Action proposed or refused Description of options Description of other factors Description of evaluation procedures Statement of protections Sources for assistance

25 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!

26 Prior Written Notice Action proposed or refused Description of options Description of evaluation procedures Description of other factors Statement of protections Sources for assistance Action proposed or refused Description of options Description of evaluation procedures Description of other factors Statement of protections Sources for assistance

27 Prior Written Notice Must be written in: Language that is understandable to the general public Parents’ native language or other mode of communication

28 This is a test of the Emergency Broadcast System

If a parent is proposing an action, and the district refuses, the parent can request: “Under my right to _______ _________ ________, please provide a written explanation of why the district is refusing to take this action.” PRIORWRITTENNOTICE POP QUIZ

30 Informed Consent Initial evaluation Initial services Reevaluation

31 Fully informed Native language Understand Agree Informed Consent

32 When Consent is NOT Required Reviewing data Testing or evaluation that all children participate in Screening by a teacher

33 Participation in Meetings IDEA states: Parents must be afforded an opportunity to participate

34 Participation in Meetings Notification in advance Purpose, time, location Who will be in attendance Documentation of attempts to contact the parents

35 Records Inspect and Review Request copies Within 30 days

36 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 can attend the IEP in person or by phone.

37 Independent Educational Evaluation School district must either: Ensure evaluation is conducted or Initiate a due process hearing.

38 We interrupt this broadcast to bring you this important bulletin from the United Press…

39 If parents request to review their child’s records, the district must provide access to the records within ____ days. 30 POP QUIZ

40 Resolution Options Next section: Formal Recommend: Informal! Keep it friendly! Collaborative Partnership = best outcome!

41 Mediation Resolve disputes Voluntary Trained mediator Timely manner Confidential Cannot delay due process

42 Mediation If agreement is reached - Legally binding agreement Qualified and impartial List of Mediators Mediation Brochure

43 Signed written complaint Notify State Offer mediation Written response Local Complaint Procedure

44 Local Complaint Procedure If parents disagree with the results… Appeal.

45 A statement of how a requirement has not been met State Complaint Procedure A State Complaint must include.... Explanation of facts An allegation of a violation

46 Conduct an independent investigation Review all information Issue a written decision Extend 60 day time limit State Complaint Procedure Within 60 days, the Department must…

47 Due Process Hearings A description of the problem A proposed resolution of the problem Request for Due Process Hearing must include…

48 Explanation of why it proposed or refused an action Description of evaluations used as basis of action The District must send a response within 10 days… Due Process Hearings

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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

51 Resolution Meeting To discuss a request for due process hearing Necessary? Not if: Agree to waive or Agree to mediation

52 Administrative Law Judge Knowledge of IDEA and Florida Rules Not an employee Impartial

53 Due Process Hearing Rights Counsel Present evidence Record of hearing Findings Both sides have the right to…

54 Manifestation Determination A decision made by the IEP Team about whether a student's misconduct is caused by the student's disability. Definition:

55 Manifestation Determination Team determines “Yes” Functional Behavioral Assessment Behavioral Intervention Plan Team determines “No” Services in different setting

56 Private School Placement If FAPE was made available: district does not pay If FAPE was not made available: Due Process - reimbursement

57 Transfer of Rights At least one year before 18 Notices to student and parent In Florida’s Procedural Safeguards on page…

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59 Who presides over a Due Process hearing? POP QUIZ a)A representative from the School District. b)An Administrative Law Judge. c)The School Psychologist. d)Judge Judy.

60 Parent Involvement Responsibilities: Return the Meeting Notice. Keep in touch Actively participate

61 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.

62 Throughout the year Talk to other parents. Attend workshops. Search the internet. Tips for Parents

63 At the Meeting Tips for Parents Bring your ideas to the table. Bring a picture of your child and put it on the table. Bring a support person.

64 At the Meeting Tips for Parents Ask questions. Bring chocolate! Be involved!

65 Please take a moment to fill out our evaluation. Thank you! And while you are doing that…

67 Parent Training & Information Center (PTI) Assistance to Parents on the Special Education Process Central & Northeast Florida This presentation was brought to you by: (888) 61-AWARE