DUE PROCESS, MEDIATION & AGENCY COMPLAINTS Elvin W. Houston December 7, 2011

Dispute Resolution Options Mediation TEA Complaint Due Process

MEDIATION Can be requested by parents & districts Confidential Non-binding Available as an option when both parties agree Most control

TEA COMPLAINT Can be requested by parents and members of the public Purpose is technical compliance Includes an early resolution option TEA requires a district response and identification of responsive records Self-imposed corrective action and format of response adds a degree of control

DUE PROCESS HEARING Can be requested by the district or parents Ultimately considers provision of FAPE rather than technical compliance Requires a resolution meeting If not resolved results in an administrative "trial" with a judge (hearing officer), a court reporter, witnesses (cross- examination) Least control of out-come

MEDIATION PREPARATION Confirm agreement to mediate Contact TEA to request appointment of a mediator Identify necessary participants based on potential issues Review records and talk to persons with knowledge of issues and circumstances

COMPLAINT PREPARATION Review the parent complaint & instructions from TEA Attempt early resolution or consider mediation Gather and organize requested documents and documents you need to show compliance Prepare an investigative response that references relevant documents and proposes corrective action as needed

DPH PREPARATION Notify your attorney Notify your insurance carrier Gather all the student’s records. All. All. All. Schedule the resolution meeting, send parents a copy of procedural safeguards and identify low-cost legal resources available to parents Consider an ARD

DUE PROCESS, MEDIATION & AGENCY COMPLAINTS Elvin W. Houston December 7, 2011