Documents
Resources
Learning Center
Upload
Plans & pricing Sign in
Sign Out

SSD Louisiana Department of Education

VIEWS: 3 PAGES: 70

									         CHAPTER 4
           §801


Special School District (SSD)
            and
   BESE Special Schools
      CHAPTER 5



Procedural Safeguards
Options for Dispute Resolution
Familiar Approaches to Resolving Conflicts


                                             B
                                             .




                  A
How About These?

       A.
                   B.
               This presentation looks at…


 Louisiana’s options for dispute resolution
Informal Complaints-
ERP
Formal State complaints
State Neutral IEP
Facilitation
Mediation
RDPHs
Resolution process
Due process hearings
Expedited due process
Hearings in disciplinary
situations
Other hearings
               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 §530(h)
              Examples of Informal Approaches


IEP review
District level
IEP Facilitation
District level ERP
        Examples of Informal Approaches

State neutral IEP Facilitation
   Individual education plan facilitation- an alternative
    dispute resolution method developed by the LDE.
    This option is available to parents and school districts
    when both agree that it would be valuable to have a
    neutral person (IEP Facilitator) present at an IEP
    meeting to assist them in discussing issues regarding
    an IEP. The role of the IEP Facilitator is to assist in
    creating an atmosphere for fair communication and
    the successful drafting of an IEP for the student.
    Either parent or district can request IEP Facilitation;
    however, since the process is voluntary, both sides
    shall agree to participate in the IEP facilitation
    process. Like mediation, the IEP facilitation is initiated
    by request to the LDE, and is at no cost to the parents
    or districts. §905.
Informal Administrative Complaints



• District level resolution




                                     Produced by NICHCY, 2007
Mediation

• Description

• Benefits

• Procedures

• SEA’s obligations

• Confidentiality of
   discussions
• Enforcement of
   written agreement
                       Produced by NICHCY, 2007
CADRE makes available
   a number of useful
       resources on
participating in mediation,
         including:
 suggestions on how to
 prepare for a mediation
          session
www.directionservice.org
  /cadre/preparing.cfm
sample “ground rules” for
         mediation
www.directionservice.org
      /cadre/grs.cfm
Request for Due Process §508

 • What is a “Request
  for due Process Hearing?
 • Who may file one?

 • Are there time
  limits?
 • What information
  must be included?
 • What if it’s not            Produced by NICHCY, 2007

  included?
 • How does an LEA
  respond?
Reach foron overload?
  Brain the sky.                     Time to download.

                And sit back down,
                refreshed.




                               And stretch
                             How ‘bout we stand up?
                                a bit.




                                             Produced by NICHCY, 2007
Resolution Process                                §510



                                    • Description

                                    • Benefits

                                    • Procedures

                                    • LEA’s obligations

                                    • Timelines

                                    • Enforcement of
                                     written agreement


         Produced by NICHCY, 2007
Due Process Hearings               §511




             What happens there?    What rights do
                                     the parties
                                       have?


                                             What
                                            are the
                                          timelines?



Produced by NICHCY, 2007
Due Process Hearings




         Qualifications of Hearing Officer


                    §511 C
Due Process Hearings

                                           §513(a)




   Appealing
   a Hearing
   Officer’s
   Decision
                                  Standard for Hearing
                                    Officer’s Decision
       Produced by NICHCY, 2007
Due Process       §517




Attorneys’ Fees




                         Produced by NICHCY, 2007
Due Process


  What is the child’s
   placement until
completion of the due
 process proceedings?



         §518
                        Produced by NICHCY, 2007
Due Process




§532
                                    Produced by NICHCY, 2007




          Special Rules for Due Process Hearings in
          Disciplinary Situations
Due§148
    Process



      a More Hearing
When neChild with a
   O
Disability is
Unilaterally Placed at a
Private School

              and


               Tuition
    Reimbursement is at
                 Issue
                           Produced by NICHCY, 2007
    Discipline


Section 530 - 537
Bulletin 1706(proposed)




                                    Key Issues in
                                    Discipline



         Produced by NICHCY, 2007
This Presentation looks at   ...

• Overview of discipline
  provisions in proposed
  bulletin 1706
• What’s retained, what’s
  expanded, what’s new
• Case studies


                                   Produced by NICHCY, 2007
Preview of Bulletin 1706 Discipline Provisions

                                                 Produced by NICHCY, 2007

    • Authority of school personnel

    • Manifestation determination

    • Services provisions

    • Interim alternative educational setting (IAES)

    • Appeals

    • Child’s placement during appeals

    • Protections for children not determined eligible for
       special education and related services
    • Change of placement because of disciplinary
       removals
    • Additional aspects
A   Authority of School Personnel                      §530B1


     Child violates a code of student conduct




                                    Produced by NICHCY, 2007
Authority of School Personnel

What happens if the child violates a code of
student conduct again?

   §530B1




                                       Produced by NICHCY, 2007
Authority of School Personnel



                                     And on the 11th day…




          Produced by NICHCY, 2007




          §530
Refining “Change of Placement”




                                 §536




                                        Produced by NICHCY, 2007
PParent Notification Requirements: §530(h)
                                                             On the Date
                                                 on which the decision is made
                                               to make a removal that constitutes
                                             a change of placement of a child with
                                              a disability because of a violation of
                                                  a code of student conduct…


                                                           The LEA must:
                                                 • notify the parents of that
                                                   decision, and
                                                 • provide the parents the
                                                   procedural safeguards notice
         Produced by NICHCY, 2007
Authority of School Personnel
Produced by NICHCY, 2007


                                        New Authority




  School personnel may consider any
                                        Case-by-
  unique circumstances on a case-by-     Case
  case basis in determining whether a
  change of placement is appropriate
  for a child with a disability
                           §530A
Authority of School Personnel                    §530G



                                      Special Circumstances




           Produced by NICHCY, 2007
Manifestation Determination



                    §530E




         New Standards in Bulletin 1706
Manifestation Determination         §530F




            If Yes--




         Produced by NICHCY, 2007
 Manifestation Determination

If No–
(Determination is that behavior is not a manifestation)

         Child is disciplined in the same manner and
         for the same length of time* as a child
         without disabilities would be disciplined
         except that services provisions apply


          * Child continues to receive services as described
          in 530 D

                                                Produced by NICHCY, 2007
Produced by NICHCY, 2007
When Services Are Required Under §530 D




  How is the services                     Where will the
 determination made?                       child receive
                                          those services?




                                          Who decides?
Produced by NICHCY, 2007
Appeals                   §532


          Requesting an appeal…




             No, not that kind
                  of peel!



              Yes, that kind!




           Produced by NICHCY, 2007
Appeals: Authority of Hearing Officer                          §532B




           Hearing officer
  makes determination on the appeal
        on an expedited basis




                                        Produced by NICHCY, 2007
CChild’s Placement During Appeals

             §533




           Here—
         Or there?


                                    Produced by NICHCY, 2007
                           Protections
                           at §534




                           Basis
                           of Knowledge


Produced by NICHCY, 2007
Final Aspect



         Reporting crimes committed
         by children with disabilities




               §535




                                         Produced by NICHCY, 2007
Putting It All Together

                          Edward.




                              Charlie.




                                                               Liz.

                                    Produced by NICHCY, 2007
      Chapter 6

 Monitoring, Enforcement,
Confidentiality, and Program
        Information
     §601 State Monitoring and Enforcement
1.   State monitoring and enforcement authorizations
        a.    Improving educational results and functional outcomes
              for children with disabilities.
        b.    Ensure public agencies meet program requirement

2.   Measure performance of public agencies in the priority areas and on
     the indicators established by the secretary using quantifiable
     indicators and qualitative indicators.

3.   Monitor LEAs using quantifiable indicators in the priority areas.
        a.      Provision of FAPE in LRE
        b.      State exercise of general supervision
        c.      Disproportionate representation of racial and ethnic groups in
                special education and related services to the extent the
                representation is the result of inappropriate identification
Bulletin 1706
§602. State Performance Plans and Data Collection
Chapter 6
§603. State use of Targets and Reporting
§604. LDE’s Review, Determination, and Enforcement
        regarding LEA Performance
        A.    Review
        B.    Determination
              1.    meets requirements
              2.    needs assistance
              3.    needs interventions
              4.    needs substantial intervention
        Bulletin 1706
§605.    State 6
        ChapterEnforcement
    Needs Assistance
    Needs Interventions
    Needs substantial Intervention

§606. Withholding Funds
    Opportunity for a hearing
    Suspension
    Nature of withholding

§607 Reserved
§608. Secretary’s Review, Determination, and
 Enforcement regarding State Performance
 See 34CFR 300.603 through 607 and 610

§609. Reserved

§610. Reserved
   Subchapter B.-Confidentiality of
            Information
§611. Definitions as used in 611-625
      A. Destruction
      B. Education Records
      C. Participating Agency
§§ 612-625 . Procedures and actions required to
  ensure the protection of the confidentiality of any
  personally identifiable data, information, and
  records colleted or maintained by the Secretary
  ,by SEAs and LEAs pursuant to Part B of the Act,
  and consistent with 34CFR 300.611- 300.627.
                  Bulletin 1706
                  Chapter 6
 §626. Enforcement
§646. Disproportionality

  A. General- Collect and examine data to determine significant
  disproportionality based on race and ethnicity in the state and LEA’s
  of the state.
        1. identification of students as students with disabilities
        2. the placement in particular educational settings
        3. the incidence, duration, and type of disciplinary actions,
  including suspensions and expulsions

  B. Review and revision of policies, practices and procedures:
       1. Provide for review, if appropriate, revision of the policies
          procedures and practices used in the identification or
  placement.
       2. Require early intervening services to student in the LEA,
                   particularly but not exclusively, students in those
  groups that were            significantly over-identified.
       3. Require the LEA to publicly report on the revision of policies,
          practices, and procedures.
           Chapter 7
Authorization, Allotment, Use of
  Funds, and Authorization of
         Appropriations
§701 Grants to States

§§702-703 Reserved

§704 State Level Activities
    State Administration
    Other State Level Activities
    Local Education Agency High Cost Fund
§705 Subgrants to LEAs
  A. Subgrants Required
  B. Allocations to LEAs
  C. Reallocations of
  funds

§§706-716 Reserved
§717. Definitions Applicable to Allotments, Grants, and
  Use of Funds


§718. Acquisition of Equipment and Construction or
  Alteration of Facilities
  A.   General- Requires Secretary Approval
  B.   Compliance with certain regulations
       1.     ADA Accessibility Standards
       2.     Uniform Accessibility Standards


§§719-799 Reserved
    CHAPTER 8
    §801


   EASIEST SECTION IN 1706
   PRESCHOOL GOVERNED BY ALL OF
    IDEA REGULATIONS
§819 INTERAGENCY
AGREEMENTS

   DEPARTMENT OF HEALTH AND
    HOSPITALS
   PLACED IN REGULATIONS IN
    LIEU OF AN INTERAGENCY
    AGREEMENT
   NO REAL CHANGES IN THIS
    SECTION
CHAPTER 9

   Applicability
       All political subdivisions of the State
        involved in education of students
        with disabilities
       Includes charter schools, educational
        service agencies (SSD)
       Other State Agencies
     DEFINITIONS

   References to other sections of 1706
    used where appropriate (Social work
    services in schools—see Related
    services)
   Follow federal language and order
WHERE DO WE GO NOW?



 Approved by BESE in
  September or October
 Must be in compliance with
  IDEA 2004
    Memo will be sent to
     LEAs
TA DA
    • Thank you!
     •   Janice Fruge’
     •   Sheila Sprouse
     •   Robert Howerton
     •   Presenters
     •   Task Force
     •   Reviewers
Langiappe
   ESY Update
   Web-based Progress Reports
   Staff Changes
   IDEA Issues
   And MORE!!!!
         STAFF CHANGES
 Phone List
 Reading and Literacy now in Literacy
  and Numeracy
 Textbooks Moved to Curriculum and
  Instruction
 Evelyn Johnson-Egrant
 Phyllis Butler-speech, dyslexia, 504
          IDEA ISSUES
 Grant Award Received; approx. 2
  million additional; 25% of funds
 Rest of funds October 1
 SPP/APR-needs assistance
 LEA Determinations tentative before
  school begins
 Alternate Diploma-report to BESE in
  August; discussions occurring
                  more
 New monitoring schedule out soon;
  coordinated with NCLB
 World class special education group
  meeting in November
 Quarterly Updates
   Cancelled for August 1
   October 31
               more
 February 2009-Larry Gloeckler present
  (tentative)

								
To top