Lions, and Tigers, and Due Process, Oh My! An Overview of Dispute Resolution

State Complaint A complaint may be filed by any individual, organization, or an individual from another state. A complaint may be filed by any individual, organization, or an individual from another state. The LEA has ten (10) business days after their receipt of the Notice of Complaint to resolve the complaint on the local level, or to submit the LEA's written response to the Office of Dispute Resolution and Administrative Services. The LEA has ten (10) business days after their receipt of the Notice of Complaint to resolve the complaint on the local level, or to submit the LEA's written response to the Office of Dispute Resolution and Administrative Services.

The Office of Dispute Resolution and Administrative Services will conduct an investigation of the complaint, which will include a complete review of all relevant documentation and may include an independent on-site investigation, if deemed necessary. The Office of Dispute Resolution and Administrative Services will conduct an investigation of the complaint, which will include a complete review of all relevant documentation and may include an independent on-site investigation, if deemed necessary. The Office of Dispute Resolution and Administrative Services will send a Letter of Findings jointly to the parent and the LEA The Office of Dispute Resolution and Administrative Services will send a Letter of Findings jointly to the parent and the LEA

In resolving a complaint in which a failure to provide appropriate services is found, VDOE will address: In resolving a complaint in which a failure to provide appropriate services is found, VDOE will address: The remediation of the denial of those services, including, as appropriate, compensatory services, The remediation of the denial of those services, including, as appropriate, compensatory services, the awarding of monetary reimbursement, or the awarding of monetary reimbursement, or other corrective action appropriate to the needs of the child other corrective action appropriate to the needs of the child

Mediation Voluntary Voluntary Mutually agreed upon Mutually agreed upon Impartial Impartial Confidential Confidential

Due Process "Due process hearing" means an administrative procedure conducted by an impartial hearing officer to resolve disagreements regarding the identification, evaluation, educational placement and services, and the provision of a free appropriate public education that arise between a parent or parents and a local educational agency. Rights are explained in procedural safeguards "Due process hearing" means an administrative procedure conducted by an impartial hearing officer to resolve disagreements regarding the identification, evaluation, educational placement and services, and the provision of a free appropriate public education that arise between a parent or parents and a local educational agency. Rights are explained in procedural safeguards

Used to address Used to address Eligibility / Identification Eligibility / Identification Evaluations, including IEEs Evaluations, including IEEs Provision of FAPE (Proposed IEPs) Provision of FAPE (Proposed IEPs) Manifestation related to discipline Manifestation related to discipline To effect a change in placement (for not more than 45 days) if the LEA believes the child is a danger to himself or others To effect a change in placement (for not more than 45 days) if the LEA believes the child is a danger to himself or others

Timeline 45 calendar days, regular - 20 school days, expedited for decision 45 calendar days, regular - 20 school days, expedited for decision Request must be in writing by parent or school, receiving party files response in 10 days Request must be in writing by parent or school, receiving party files response in 10 days Within five days, hearing officer is appointed from Supreme Court of Virginia Within five days, hearing officer is appointed from Supreme Court of Virginia Provide parent with information on mediation, free or low cost legal services, procedural safeguards Provide parent with information on mediation, free or low cost legal services, procedural safeguards Resolution session within 15 days, attempted resolution in 30 days Resolution session within 15 days, attempted resolution in 30 days Hearing Hearing Decision Decision

Parents may… Have the child who is the subject of the hearing present Have the child who is the subject of the hearing present Open the hearing to the public Open the hearing to the public

How to Prepare Attend meeting with school board attorney Attend meeting with school board attorney Read student record and exhibit book Read student record and exhibit book Observe student, if possible Observe student, if possible Be honest (you’ll be under oath!) Be honest (you’ll be under oath!) Conduct yourself in a calm manner, even if you think the family attorney is badgering you Conduct yourself in a calm manner, even if you think the family attorney is badgering you