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Options for Dispute Resolution

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Presentation on theme: "Options for Dispute Resolution"— Presentation transcript:

1 Options for Dispute Resolution
IDEA’s Options for Dispute Resolution Produced by NICHCY, 2007

2 Familiar Approaches to Resolving Conflicts
B. A. Produced by NICHCY, 2007

3 How About These? A. B. Produced by NICHCY, 2007

4 This module looks at... IDEA’s options for dispute resolution
Informal approaches State complaints Mediation Due process complaints Resolution process Due process hearings Expedited due process hearings in disciplinary situations Other hearings Produced by NICHCY, 2007

5 Procedural Safeguards Notice
Is a comprehensive written explanation of procedural safeguards available to parents of a child with a disability Must be provided to parents once per school year Must also be given to parents under specific conditions Produced by NICHCY, 2007

6 Examples of Informal Approaches
IEP Review Produced by NICHCY, 2007

7 Examples of Informal Approaches
IEP Facilitation Produced by NICHCY, 2007

8 State Complaints 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? Produced by NICHCY, 2007

9 Mediation Description Benefits Procedures SEA’s obligations
Confidentiality of discussions Enforcement of written agreement Produced by NICHCY, 2007

10 And sit back down, refreshed.
How ‘bout we stand up? Brain on overload? Time to download. Reach for the sky. And sit back down, refreshed. And stretch a bit. Produced by NICHCY, 2007

11 Due Process Complaints
What is a due process complaint? Who may file one? Are there time limits? What information must be included? What if it’s not included? How does an LEA respond? Produced by NICHCY, 2007

12 Resolution Process Description Benefits Procedures LEA’s obligations
Timelines Enforcement of written agreement Produced by NICHCY, 2007

13 What rights do the parties have?
Due Process Hearings What happens there? What rights do the parties have? What are the timelines? Produced by NICHCY, 2007

14 Qualifications of Hearing Officer
Due Process Hearings Qualifications of Hearing Officer Produced by NICHCY, 2007

15 Standard for Hearing Officer’s Decision
Due Process Hearings Standard for Hearing Officer’s Decision Appealing a Hearing Officer’s Decision Produced by NICHCY, 2007

16 Due Process Attorneys’ Fees Produced by NICHCY, 2007

17 Due Process What is the child’s placement until completion of the due process proceedings? Produced by NICHCY, 2007

18 Special Rules for Due Process Hearings in Disciplinary Situations
Produced by NICHCY, 2007 Special Rules for Due Process Hearings in Disciplinary Situations

19 Due Process One More Hearing
When a Child with a Disability is Unilaterally Placed at a Private School One More Hearing and Tuition Reimbursement is at Issue Produced by NICHCY, 2007

20 Roundup Time! Produced by NICHCY, 2007


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