1. Aspiring Leaders Academy Richmond, Virginia September 21, 2016
Office of Dispute Resolution and Administrative Services (ODRAS) Division of Special Education and Student Services
Aspiring Leaders Academy
Richmond, Virginia
September 21, 2016
Just a few minutes on our office, and our mission and responsibilities

2. ODRAS is comprised of 4 systems:
Mediation
Complaints
Due Process
Regulatory Management
I’ll speak briefly about the five components of our office--

3. The Focus for These Systems Is Always the Children!

4. Who We Are Not…

5. Who We Are…
We are about RESOLUTION

6. MEDIATION

7. What is mediation? Voluntary and non-adversarial process
Facilitated by impartial, trained mediator
Focused on needs of child
Where parents and school personnel meet to negotiate
Confidential and informal setting
No cost to parent or school division
A neutral, impartial, trained mediator may be sought voluntarily by parents and school staff to assist in their negotiations with each other. That assistance to convene and conduct a meeting to clarify issues, focus on the needs of a child, explore and evaluate possible solutions in a confidential setting is mediation.

8. What is mediation?
May not be used to delay or deny right to due process or other rights
If applicable, concludes with written, legally binding agreement
Effective for maintaining/rebuilding relationships

9. How do I request mediation?
Both parties must agree to mediate
You may inform the school division that you wish to mediate, and it should assist with providing the necessary forms
You may contact VDOE and we will reach out to the school division
You may send a written request to VDOE and we will reach out to the school division

10. COMPLAINTS

11. What is a complaint?
A disagreement with a procedure or a process regarding special education programs, procedures or services
So, what IS a complaint?
A formal complaint is considered a request that this division investigate an alleged violation of a right of a parent and/or child with disabilities who is eligible, or believed to be eligible, for certain services based on federal and state laws and regulations governing special education.
Complaint specialist receives/reviews letter/complaint
Typically from parent, but can be filed by any person on behalf of student
Sufficiency review (8 VAC C.B)
WRITTEN complaint
Parent may use form on website or write directly
is sufficient
No oral/telephonic complaints accepted
SIGNATURE
Again, is sufficient (deemed signed)
SIMULTANEOUSLY TRANSMISSION to LEA
CONTACT INFORMATION for complainant AND student
Statement of violation of IDEA/regs; include FACTS
Time bar: No more than 1 YEAR prior to date of filing
PROPOSED RESOLUTION
If INSUFFICIENT, we will respond nonetheless, acknowledging particular defects that can be corrected—opportunity to resubmit—or indicate if the particular issue is one which our office cannot address
Complaint specialist RESPONDS in 7 BUSINESS days (8 VAC C.1)
To complainant and LEA
Letter of Inquiry
Indicates deficiencies in complaint
Includes resources for dispute resolution, re-filing, as appropriate

12. Complaint Procedure
A complaint may be filed by individual, organization, or individual from another state – if filed on behalf of an individual child by an advocate, must include a release
ODRAS notifies parties regarding issues to be investigated; requests information from LEA
Issues Letter of Findings (LOF) within 60 calendar days of receipt of the complaint. Includes Corrective Action Plan (CAP) to remedy noncompliance findings
Either party may appeal findings
Appeal decision FINAL
Notice of Complaint Sets forth allegations, pertinent regulations
Requests LEA response in 10 business days
Resolution of complaint; or Response to allegations (8 VAC )
Includes requested documentation
Must be sent to DOE and complainant simultaneously
Release necessary if complainant is not parent
Provides opportunity for additional information
Includes original complaint
60-day timeline for issuance of LOF (60 days from RECEIPT of complaint)
LOF sets forth:
Allegations, relevant regulations
LEA response
Any additional information from either party
Analysis
Finding
Corrective Action Plan (CAP)(if necessary)
Appeal -- Within 30 calendar days of MAILING of LOF; if appealed, CAP in abeyance
What is a CAP?--Corrective Action Plan
If LEA found in noncompliance, may be directed to provide a CAP
Instructional memo to relevant schools/personnel
Compensatory services: convene IEP meeting to determine WHETHER necessary
Other--If “self-corrected”—in which case, no CAP required
CAP follow-up to confirm implementation of corrective action

13. A complaint must: Be in writing
Include the signature and contact information of the complainant
Contain a statement that a school division has violated special education laws and regulations
Include facts upon which the complaint is based
Address an action that occurred not more than one year prior to the date the complaint is received
Contain all relevant documents
Be provided simultaneously to the school division

14. The name and address of he child
For complaints involving an individual student, the complaint must include:
The name and address of he child
The name of the school the child is attending
In the case of a child who is homeless, available contact information and the name of the school the child is attending
A description of the nature of the problem and including facts related to the problem
A proposed resolution, to the extent know and available to the party at the time the complaint is filed.

15. What We Cannot Do
Investigate claims of disability discrimination (vs. disability harassment)
Investigate personnel issues or administrative matters strictly under domain of local school board
Investigate issues already determined under due process proceedings

16. DUE PROCESS

17. What is due process?
Impartial procedure used to resolve disagreements over issues related to special education and related services
Federal and state laws governing education of children with disabilities mandate right of parent and school divisions to request due process

18. Expedited Non-expedited
Types of Due Process
Expedited
Non-expedited
20-day timeline
45-day timeline
8 VAC
Hearing officers remain under authority of S.Ct. of Virginia. (fox & henhouse) Recertification process has been strengthened, however, to ensure well-qualified officers, etc Appeals of hearing officers’ decisions to state circuit court must be submitted within 180 days of decision
LEAs are now required to submit Implementation Plans to VDOE only for fully adjudicated decisions, and not for decisions of the hearing officer involving the dismissal of a case or the withdrawal of the due process request.
The record of the hearing and the findings of fact and decisions must be provided at no cost to the parents, even though the applicable appeal period has expired.

19. Common Due Process Issues
Identification of child with a disability
Evaluation of child with disability (including disagreements regarding payment for independent educational evaluation (IEE))

20. Common Due Process Issues
Educational placement and services
Provision of free appropriate public education (FAPE)

21. How to request a due process hearing
Two year statute of limitations
Request is provided in writing to VDOE and the school division
Can only be filed by a parent (or through the child’s advocate or attorney) on behalf of an individual student
School division contacts the Supreme Court of Virginia to request that a hearing officer be appointed within five business days after the receipt of the request (three business days for expedited due process

22. Content of the Request Name of the child
Address of the child (or available contact information for a child who is homeless)
Name of the school the child is attending
A description of the problem, including the facts related to the problem
A proposed resolution if known and available to the parents at the time of the hearing
Name and contact information of person filing the request

23. What to expect
One or more prehearing conferences between the parties and the hearing officer to establish timelines and other administrative matters, including date of the hearing and whether the hearing will be open or closed
A resolution session
Exchange of information including witness lists

24. What you may encounter
Prehearing motions, such as a challenge to the sufficiency of the request. These motions are very similar to those that might be seen in court
Requests for subpoenas and production of documents
Determination of stay-put placement

25. At the hearing Witnesses are under oath
A court reporter prepares a transcript
Evidentiary rules are generally followed, including objections, requests for admission, qualification of expert witnesses, etc., although the hearing officer does have some discretion in this regard

26. REGULATORY MANAGEMENT

27. Regulatory Management
Revision of Special Education Regulations
Drafting Restraint and Seclusion Regulations
Provide support on other SESS initiatives, such as the Statewide IEP system
Respond to inquiries and FOIA Requests

28. Regulatory Management
Section 504
Management of the Student Record
Prepare briefing documents on legislation, and provide information and presentations for legislative committees and commissions
Provide support to SSEAC
Represent VDOE on the State and Local Advisory Team and State Executive Council for the Children’s Services Act

29. In the Works
Facilitated IEP Meeting System
Back to Basics Initiative

30. ODRAS Work Products
Extended School Year Services ~ Technical Assistance Resource Document
Parents’ Guide to Special Education Dispute Resolution (2008)
Guidelines for School Division Policy Regarding Service Dogs in Virginia’s Public Schools
Navigating the Maze of New Due Process Requirements
Procedural Safeguards
Managing the Timeline in Due Process Hearings

31. ODRAS Work Products Parents’ Guide to Special Education (2010)
Guidance on Prior Written Notice in the Special Education Process (2013)
Guidance for Military Families with Students in Special Education (2014)

32. Office of Dispute Resolution and Administrative Services (ODRAS)
Division of Special Education and Student Services
Patricia V. Haymes, Director
Ron Geiersbach, Coordinator of Due Process Services
Art Stewart, Coordinator of Mediation Services
Scottie Alley, Compliance Specialist
Sabrina Gross, Compliance Specialist
Kathleen G. Harris, Compliance Specialist
Sheila T. Gray, Administrative Coordinator
Michele Baez, Administrative Assistant
Ben Nesheim, Administrative Assistant
(804) Toll free: (800) Toll Free TDD: (800) Fax (804)