IDEA 2004 State Complain Option by E3bwtm

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									       IDEA 2004
 Procedural Safeguards:
Legal Rights and Options

         Mississippi Association of School
                  Superintendent
                                           Mississippi Department of Education
Spring , 2012   Office of Instructional Enhancement and Internal Operations/Office of Special Education
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                Procedural Safeguards
• Per IDEA 2004, a copy is given one time a year,
  except upon the following:
   • Initial referral
   • Parental request for re-evaluation
   • First occurrence of filing of a complaint
   • Request of parent
   • Upon your child’s initial IEP Committee meeting
• Parents may receive required notices via e-mail
• LEA encouraged to place on website

                                               Mississippi Department of Education
    Fall 2011       Office of Instructional Enhancement and Internal Operations/Office of Special Education
                                                                                                              2
            Procedural Safeguards
• Per Miss. Code Ann. Section 37-23-137, a
  copy is given one time a year, except upon
  the following:
   • Initial referral or parent request for
     evaluation
   • First occurrence of filing of a complaint
   • Request of parent
   • Upon your child’s initial IEP Committee
     meeting
• Parents may receive required notices via
  e-mail
Fall 2011                                        3
                Procedural Safeguards

•    Independent Educational Evaluations (IEE)
•    Written Prior Notice (WPN)
•    Parental Consent
•    Surrogate Parents
•    Access to Examine Records
•    Request for Investigation of Complaint
•    Resolution Process
•    Mediation

                                               Mississippi Department of Education
    Fall 2011       Office of Instructional Enhancement and Internal Operations/Office of Special Education
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                Procedural Safeguards

• Impartial Due Process Hearings
• Expedited Due Process Hearings
• Civil Action
• Child’s Status During Proceedings
• Attorney’s Fees
• Procedures for Students who are subject to
  Placement in an Interim Alternative Educational
  Setting
• Requirements for Unilateral Placement by Parents of
  Children in Private Schools When FAPE is an Issue

                                               Mississippi Department of Education
    Fall 2011       Office of Instructional Enhancement and Internal Operations/Office of Special Education
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             Procedural Safeguards
Changes Resulting From IDEA 2004
• More detailed procedures regarding
  surrogates for wards of the State and
  homeless

• Time period to file a complaint

• Opportunity to resolve differences between
  districts and parents

• Availability of mediation

• Time period for filing civil action
                                            Mississippi Department of Education
 Fall 2011       Office of Instructional Enhancement and Internal Operations/Office of Special Education
                                                                                                           6
            State Complaint

• 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?
                                        Mississippi Department of Education
Fall 2011    Office of Instructional Enhancement and Internal Operations/Office of Special Education
                                                                                                       7
            State Complaint

    Allows for parent, individual, or organization to
    formally register concern(s), and alleged IDEA
    violations with the Mississippi Department of
    Education.




                                          Mississippi Department of Education
Fall 2011      Office of Instructional Enhancement and Internal Operations/Office of Special Education
                                                                                                         8
   Who may File Complaint?

• A child’s parent or individual may file, but so
  may any organization (including those from
  another state).

• Must be written and signed.




                                         Mississippi Department of Education
Fall 2011     Office of Instructional Enhancement and Internal Operations/Office of Special Education
                                                                                                        9
              State Complaint

• A State Complaint must include-
  • Statement of violation of requirement of Part B
  • Facts on which statement is based
  • Signature and contact information for the
    complainant
  • Name and address of residence of child and
    name of school child is attending
  • Description of nature of problem
  • Proposed resolution of the problem

                                          Mississippi Department of Education
  Fall 2011    Office of Instructional Enhancement and Internal Operations/Office of Special Education
                                                                                                         10
State Complaint (Continued)


• Violation must have occurred within one
  year.

• The party filing the complaint must
  forward a copy of the complaint to the
  LEA at the same time it files with the
  MDE.

                                       Mississippi Department of Education
Fall 2011   Office of Instructional Enhancement and Internal Operations/Office of Special Education
                                                                                                      11
       Procedure for Handling
             Complaint
• 60 day time limit (after complaint is filed)

• Independent investigation if determined
  necessary by SEA

• Opportunity for complainant to submit
  additional information about the
  allegations in the complaint


                                        Mississippi Department of Education
Fall 2011    Office of Instructional Enhancement and Internal Operations/Office of Special Education
                                                                                                       12
         Procedure for Handling
               Complaint
• Provide LEA opportunity to respond to
  allegations – 1) resolution 2) mediation

• SEA reviews all relevant information and
  makes independent determination as to
  compliance with Part B; and

• Issue written decision to the complainant
  for findings of fact, conclusions and
  reasons for the SEA’s final decision.
                                         Mississippi Department of Education
  Fall 2011   Office of Instructional Enhancement and Internal Operations/Office of Special Education
                                                                                                        13
                      Mediation

• Description

• Benefits

• Procedures

• SEA’s obligations

• Confidentiality of discussions

• Enforcement of written agreement

                                           Mississippi Department of Education
Fall 2011       Office of Instructional Enhancement and Internal Operations/Office of Special Education
                                                                                                          14
                   Mediation


     Mediation is an opportunity for parents
    and school officials to sit down with an
    independent mediator and discuss a
    problem, issue, concern or complaint in
    order to resolve the problem amicably
    without going to due process.



                                        Mississippi Department of Education
Fall 2011    Office of Instructional Enhancement and Internal Operations/Office of Special Education
                                                                                                       15
             Benefits of Mediation

• Lowered financial and emotional costs

• Tends to be faster

• Ownership of implementation plan

• Maintains ongoing and positive relationship
  with school district


                                            Mississippi Department of Education
 Fall 2011       Office of Instructional Enhancement and Internal Operations/Office of Special Education
                                                                                                           16
   Procedures for Mediation

• Parent or district requests mediation through
  OSE (verbal or written).

• OSE is responsible for assignment of
  mediator.

• Both parties must agree to participate in
  mediation to resolve disputed issue – It is a
  voluntary process.
                                        Mississippi Department of Education
Fall 2011    Office of Instructional Enhancement and Internal Operations/Office of Special Education
                                                                                                       17
              Mediation Process

• If successful, written agreement will be signed by
  parents and district at close of session.

• If unsuccessful, parents or district may choose to
  pursue resolution of disputed issues through other
  OSE processes.

• If disputed issue becomes a due process request,
  no information obtained from the mediation session
  may be utilized within the due process hearing.
                                           Mississippi Department of Education
  Fall 2011     Office of Instructional Enhancement and Internal Operations/Office of Special Education
                                                                                                          18
              SEA’s Obligations

• Responsible for paying for the mediation process

• Responsible for maintaining a list of qualified
  mediators who are knowledgeable about the laws
  and regulations relating to special education and
  related services

• Must select mediators on random, rotational basis


                                           Mississippi Department of Education
  Fall 2011     Office of Instructional Enhancement and Internal Operations/Office of Special Education
                                                                                                          19
Confidentiality Discussions

• If disputed issue becomes a due process
  request, no information obtained from the
  mediation session may be utilized within the
  due process hearing.

• All discussions that occur during mediation
  are confidential.



                                        Mississippi Department of Education
Fall 2011    Office of Instructional Enhancement and Internal Operations/Office of Special Education
                                                                                                       20
       Enforcement of Written
             Agreement

• Written agreement is signed by both the
  parent and the representative of the agency
  who has the authority to ‘bind’.

• A written, signed mediation agreement is
  enforceable in any State court of competent
  jurisdiction or in a district court of the United
  States.

                                         Mississippi Department of Education
Fall 2011     Office of Instructional Enhancement and Internal Operations/Office of Special Education
                                                                                                        21
             Contact Information

                Dr. Armerita Tell, Bureau Director
                Susan M. Davis, Division Director
                    Office of Parent Outreach
                     PHONE: 601-359-3498
                       FAX: 601-359-1829

                      Program Coordinators
            Jean Bounds, Patricia Dixon, Debby P. Renfro

                                Parent Hotline
                               1-877-544-0408

                                               Mississippi Department of Education
Fall 2011           Office of Instructional Enhancement and Internal Operations/Office of Special Education
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