1 Welcomes You To It’s Those Wonderful Rights! Eileen Gilley

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Welcomes You To

It’s

Those Wonderful Rights!

Eileen Gilley

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George Bailey

"Nooooope, nope nope nope, nope, nope.

Now look, Joe. Now look, I ... I want a big one!"

(Buying a suitcase)

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George Bailey

"Nooooope, nope, nope, nope, nope, nope.”

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Mary Bailey

Mary: "I'll call the police!" George: "They're way downtown. They'd be on my side, too." Mary: "Then… then I'm going to scream!"

(George has her robe)

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“Then I'm going to scream!"

Mary Bailey

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Henry Potter

"Sentimental hogwash!"

(Commenting on a newspaper article)

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Henry Potter

“Sentimental hogwash!"

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Clarence Oddbody

“Ahhh, there must be some easier way for me to get my wings.”

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Clarence Oddbody

“There must be some easier way."

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Rights• During Evaluation

• In an IEP Meeting

• Between Meetings

A Common Question

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ResponsibilitiesA Common Question

• During Evaluation

• In an IEP Meeting

• Between Meetings

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Rights & Responsibilities

equals

ProceduralSafeguards

Definitions on the Web

Procedural Safeguards

• Notice of parental rights

• Protect children and their parents

• Measures taken to prevent disaster

• Measures taken to prevent disaster?!?

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Definitions on the Web


• Notice of parental rights

• Protect children and their parents

• Measures taken to prevent disaster?!?

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• Prior Written Notice• Informed Consent• Participation in Meetings• Records• Independent Educational

Evaluation (IEE)• Mediation

Procedural SafeguardsIncluding:

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• State Complaint Procedures

• Due Process Hearings

• Discipline

• Private School Placement

• Transfer of Rights

Procedural SafeguardsIncluding:

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Tip for Parents: If you don’t understand the safeguards, ask for an explanation!

Must be made available:• At least once a year

• Initial referral

• Request for evaluation

• Due Process complaint

• Parent request

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Prior Written Notice

• Action proposed or refused• Description of options• Description of other factors• Description of evaluation

procedures• Statement of protections• Sources for assistance



If the school district proposes a change (Notice Before)

If the school district refuses a change (Notice After)

So, if a parent proposes a change and the school says NO…

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“Under my right to Prior Written Notice, I am requesting

a written explanationof why the district is

refusing to…”

Remember this wording!

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• Action proposed or refused• Description of options• Description of evaluation

procedures• Description of other factors• Statement of protections• Sources for assistance

• Action proposed or refused• Description of options• Description of evaluation

procedures• Description of other factors• Statement of protections• Sources for assistance

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Must be written in:• Language that is

understandable to the general public

• Parents’ native language or other mode of communication

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This is a test of the Emergency Broadcast

System

If a parent is proposing an action, and the district refuses, the parent can request:

“Under my right to

_______ _________ ________,

please provide a written explanation of why the district is refusing

to take this action.”

PRIOR WRITTEN NOTICE

POP QUIZ

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Informed Consent

• Initial evaluation

• Initial services

• Reevaluation

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• Fully informed• Native language• Understand• Agree

Informed Consent

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When Consent is NOT Required

• Reviewing data• Testing or evaluation that

all children participate in• Screening by a teacher

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Participation in Meetings

IDEA states:Parents must be afforded an opportunity to

participate

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Participation in Meetings

• Notification in advance

• Purpose, time, location

• Who will be in attendance

• Documentation of attempts to contact the parents

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Records

• Inspect and Review• Request copies• Within 30 days

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Independent Educational Evaluation

• Requested when parent disagrees• Evaluation conducted by a qualified

person who is not an employee of the school district.

Tip for Parents: Choose an evaluator who can attend the IEP in person or by phone.

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Independent Educational Evaluation

School district must either:

• Ensure evaluation is conducted or

• Initiate a due process hearing.

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We interrupt this broadcast to bring you this important bulletin from the United Press…

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If parents request to review their child’s records, the district must provide access to the records within ____ days.30

POP QUIZ

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Resolution Options

• Next section: Formal• Recommend: Informal!

Keep it friendly!

Collaborative Partnership = best outcome!

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Mediation

• Resolve disputes• Voluntary• Trained mediator• Timely manner• Confidential• Cannot delay due process

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Mediation

• If agreement is reached - Legally binding agreement

• Qualified and impartial• List of Mediators• Mediation Brochure

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• Signed written complaint

• Notify State• Offer mediation• Written

response

Local Complaint Procedure

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Local Complaint Procedure

If parents disagree with the results…

Appeal.

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• A statement of how a requirement has not been met

State Complaint Procedure

A State Complaint must include....

• Explanation of facts • An allegation of a violation

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• Conduct an independent investigation

• Review all information• Issue a written decision• Extend 60 day time limit

State Complaint Procedure

Within 60 days, the Department must…

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Due Process Hearings

• A description of the problem• A proposed resolution of the

problem

Request for Due Process Hearing must include…

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• Explanation of why it proposed or refused an action

• Description of evaluations used as basis of action

The District must send a response within 10 days…

Due Process Hearings

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POP QUIZThe best outcomes for children happen when disputes are resolved:

a) After heated discussion.

b) In a formal manner.

c) In an informal, collaborative, and friendly way.

d) Over drinks at a local bar

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Resolution Meeting

To discuss a request for due process hearing

Necessary?

Not if:Agree to waive or

Agree to mediation

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Administrative Law Judge

• Knowledge of IDEA and Florida Rules

• Not an employee

• Impartial

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Due Process Hearing Rights

• Counsel• Present evidence• Record of hearing• Findings

Both sides have the right to…

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Manifestation Determination

A decision made by the IEP Team about whether a student's

misconduct is caused by the student's disability.

Definition:

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Manifestation Determination

Team determines “Yes”• Functional Behavioral

Assessment• Behavioral Intervention Plan

Team determines “No”• Services in different setting

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Private School Placement

If FAPE was made available:• district does not pay

If FAPE was not made available:• Due Process - reimbursement

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Transfer of Rights

• At least one year before 18

• Notices to student and parent

In Florida’s Procedural

Safeguards on page…

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Who presides over a Due Process hearing?

POP QUIZ

a) A representative from the School District.

b) An Administrative Law Judge.

c) The School Psychologist.

d) Judge Judy.

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Parent Involvement

Responsibilities:

• Return the Meeting Notice.

• Keep in touch

• Actively participate

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Tips for Parents

Before the IEP Meeting

• Request a draft copy of the IEP

• Review the most current IEP document

• At home, discuss what you would like to see your child learn in the coming year.

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Throughout the year

• Talk to other parents.

• Attend workshops.

• Search the internet.

Tips for Parents

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At the Meeting

Tips for Parents

• Bring your ideas to the table.

• Bring a picture of your child and put it on the table.

• Bring a support person.

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At the Meeting

Tips for Parents

• Ask questions.

• Bring chocolate!

• Be involved!

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Please take a moment to fill out

our evaluation.

Thank you!

And while you are doing that…

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• Parent Training & Information Center (PTI)

• Assistance to Parents on the Special Education Process

• Central & Northeast Florida

This presentation was brought to you by:

(888) 61-AWARE

Documents

1 Welcomes You To It’s Those Wonderful Rights! Eileen Gilley