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CHAPTER 4 §801. Special School District (SSD) and BESE Special Schools. CHAPTER 5. Procedural Safeguards. O ptions for Dispute Resolution. F amiliar Approaches to Resolving Conflicts. B. A. How About T hese?. A. B. This presentation looks at…. - PowerPoint PPT Presentation
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CHAPTER 4CHAPTER 4§801§801
Special School District (SSD)Special School District (SSD) and and
BESE Special SchoolsBESE Special Schools
CHAPTER 5
Procedural SafeguardsProcedural Safeguards
OOptions for Dispute ptions for Dispute ResolutionResolution
FFamiliar Approaches to Resolving Conflictsamiliar Approaches to Resolving Conflicts
AA
BB..
How AboutHow About TThese?hese?
A.A.
BB..
This presentation looks at…This presentation looks at…
Informal Complaints-ERPFormal State complaintsState Neutral IEP FacilitationMediationRDPHsResolution processDue process hearingsExpedited due process Hearings in disciplinary situationsOther hearings
Louisiana’s options for dispute resolutionLouisiana’s options for dispute resolution
PProcedural Safeguards Noticerocedural 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)
EExamples of xamples of IInformal Approachesnformal Approaches
IEP reviewDistrict level IEP FacilitationDistrict level ERP
EExamples of xamples of IInformal Approachesnformal Approaches
State neutral IEP Facilitation
Individual education plan facilitationIndividual education plan facilitation- an alternative - an alternative dispute resolution method developed by the LDE. This dispute resolution method developed by the LDE. This option is available to parents and school districts option is available to parents and school districts when both agree that it would be valuable to have a when both agree that it would be valuable to have a neutral person (IEP Facilitator) present at an IEP neutral person (IEP Facilitator) present at an IEP meeting to assist them in discussing issues regarding meeting to assist them in discussing issues regarding an IEP. The role of the IEP Facilitator is to assist in an IEP. The role of the IEP Facilitator is to assist in creating an atmosphere for fair communication and creating an atmosphere for fair communication and the successful drafting of an IEP for the student. the successful drafting of an IEP for the student. Either parent or district can request IEP Facilitation; Either parent or district can request IEP Facilitation; however, since the process is voluntary, both sides however, since the process is voluntary, both sides shall agree to participate in the IEP facilitation shall agree to participate in the IEP facilitation process. Like mediation, the IEP facilitation is initiated process. Like mediation, the IEP facilitation is initiated by request to the LDE, and is at no cost to the parents by request to the LDE, and is at no cost to the parents or districts. or districts. §905.§905.
Informal Administrative Informal Administrative ComplaintsComplaints
•District level resolution
Produced by NICHCY, 2007Produced by NICHCY, 2007
MMediationediation
• Description
• Benefits
• Procedures
• SEA’s obligations
• Confidentiality of discussions
• Enforcement of written agreement
Produced by NICHCY, 2007Produced by NICHCY, 2007
CADRE makes available a number of useful
resources on participating in mediation,
including:suggestions on how to prepare for a mediation
sessionwww.directionservice.org/cadre/preparing.cfm
sample “ground rules” for
mediationwww.directionservice.org/cadre/grs.cfm
Request for Due Process Request for Due Process §508 §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 included?
• How does an LEA respond?
Produced by NICHCY, 2007Produced by NICHCY, 2007
BBrain on overload?rain on overload? TTime to download.ime to download.
AAnd stretch nd stretch a bit.a bit.
HHow ‘bout we stand ow ‘bout we stand up?up?
AAnd sit back down, nd sit back down, refreshed.refreshed.
Produced by NICHCY, 2007Produced by NICHCY, 2007
RReach for the sky.each for the sky.
RResolution Processesolution Process
•Description
•Benefits
•Procedures
•LEA’s obligations
•Timelines
•Enforcement ofwritten agreement
Produced by NICHCY, 2007Produced by NICHCY, 2007
§510
DDue Process Hearingsue Process Hearings
What happens there?
What are the
timelines?
What rights do the parties have?
Produced by NICHCY, 2007Produced by NICHCY, 2007
§511
DDue Process Hearingsue Process Hearings
Qualifications of Hearing Officer
§511 C
DDue Process Hearingsue Process Hearings
Standard for Hearing Officer’s Decision
Appealing a Hearing Officer’s Decision
Produced by NICHCY, 2007Produced by NICHCY, 2007
§513(a)
DDue Processue Process
Attorneys’ Fees
Produced by NICHCY, 2007Produced by NICHCY, 2007
§517
DDue Processue Process
What is the child’s placement until
completion of the due process proceedings?
Produced by NICHCY, 2007Produced by NICHCY, 2007
§518
DDue Processue Process
SSpecial Rules for Due Process Hearings pecial Rules for Due Process Hearings in Disciplinary Situationsin Disciplinary Situations
Produced by NICHCY, 2007Produced by NICHCY, 2007
§532
DDue Processue Process
OOne More ne More HearingHearing
When a Child with a When a Child with a Disability is Disability is Unilaterally Placed at a Unilaterally Placed at a Private School Private School
andand
Tuition Tuition Reimbursement is Reimbursement is
at Issueat Issue
Produced by NICHCY, 2007Produced by NICHCY, 2007
§148
DisciplineDiscipline
Section 530 - 537
Key Issues in Key Issues in DisciplineDiscipline
Bulletin 1706(proposed)Bulletin 1706(proposed)
Produced by NICHCY, 2007Produced by NICHCY, 2007
This Presentation looks atThis Presentation looks at......
• Overview of discipline Overview of discipline provisions in proposed provisions in proposed bulletin 1706bulletin 1706
• What’s retained, what’s What’s retained, what’s expanded, what’s newexpanded, what’s new
• Case studiesCase studies
Produced by NICHCY, 2007Produced by NICHCY, 2007
Preview of Bulletin 1706 Discipline ProvisionsPreview of Bulletin 1706 Discipline Provisions
• Authority of school personnelAuthority of school personnel
• Manifestation determinationManifestation determination
• Services provisionsServices provisions
• Interim alternative educational setting (IAES)Interim alternative educational setting (IAES)
• AppealsAppeals
• Child’s placement during appealsChild’s placement during appeals
• Protections for children not determined eligible for special education and related Protections for children not determined eligible for special education and related servicesservices
• Change of placement because of disciplinary removals Change of placement because of disciplinary removals
• Additional aspectsAdditional aspects
Produced by NICHCY, 2007Produced by NICHCY, 2007
Authority of School PersonnelAuthority of School Personnel
Child violates a code of student conductChild violates a code of student conduct
Produced by NICHCY, 2007Produced by NICHCY, 2007
§530B1
AAuthority of School Personneluthority of School Personnel
What happens if the child violates a code of student conduct again?
Produced by NICHCY, 2007Produced by NICHCY, 2007
§530B1
AAuthority of School Personneluthority of School Personnel
And on the 11th day…
Produced by NICHCY, 2007Produced by NICHCY, 2007
§530
Refining “Change of Placement”Refining “Change of Placement”
Produced by NICHCY, 2007Produced by NICHCY, 2007
§536
Parent Notification Requirements: §530(h)Parent 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 noticeProduced by NICHCY, 2007Produced by NICHCY, 2007
AAuthority of School Personneluthority of School Personnel
Case-by-Case-by-CaseCase
New Authority
School personnel may consider any unique circumstances on a case-by-case basis in determining whether a change of placement is appropriate for a child with a disability
§530A
Produced by NICHCY, 2007Produced by NICHCY, 2007
AAuthority of School Personneluthority of School Personnel
Special Circumstances
Produced by NICHCY, 2007Produced by NICHCY, 2007
§530G
MManifestation Determinationanifestation Determination
New Standards in Bulletin 1706
§530E
MManifestation Determinationanifestation Determination
If Yes----
Produced by NICHCY, 2007Produced by NICHCY, 2007
§530F
MManifestation Determinationanifestation 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, 2007Produced by NICHCY, 2007
Produced by NICHCY, 2007Produced by NICHCY, 2007
WWhenhen Services Are Required Under §530 DServices Are Required Under §530 D
How is the services determination
made?
Where will the child
receive those services?
Who decides?Produced by NICHCY, 2007Produced by NICHCY, 2007
AppealsAppeals
Requesting an appeal…
No, not that kind of peel!
Yes, that kind!
Produced by NICHCY, 2007Produced by NICHCY, 2007
§532
Appeals: Authority of Hearing OfficerAppeals: Authority of Hearing Officer
Hearing officer makes
determination on the appeal on an expedited basis
Produced by NICHCY, 2007Produced by NICHCY, 2007
§532B
Child’s Placement During AppealsChild’s Placement During Appeals
Here—
Or there?
Produced by NICHCY, 2007Produced by NICHCY, 2007
§533
Basis Basis of Knowledgeof Knowledge
PProtections rotections at §534at §534
&&
Produced by NICHCY, 2007Produced by NICHCY, 2007
Final AspectFinal Aspect
Reporting crimes Reporting crimes committed committed by children with by children with disabilitiesdisabilities
Produced by NICHCY, 2007Produced by NICHCY, 2007
§535
Putting It All TogetherPutting It All Together
Edward.
Liz.
Charlie.
Produced by NICHCY, 2007Produced by NICHCY, 2007
Chapter 6Chapter 6
Monitoring, Enforcement, Monitoring, Enforcement, Confidentiality, and Program Confidentiality, and Program
InformationInformation
1.1. State monitoring and enforcement authorizationsState monitoring and enforcement authorizationsa.a. Improving educational results and functional Improving educational results and functional outcomes outcomes for children with disabilities.for children with disabilities.b.b. Ensure public agencies meet program Ensure public agencies meet program requirementrequirement
2.2. Measure performance of public agencies in the priority areas and on Measure performance of public agencies in the priority areas and on the indicators established by the secretary using quantifiable the indicators established by the secretary using quantifiable indicators and qualitative indicators.indicators and qualitative indicators.
3.3. Monitor LEAs using quantifiable indicators in the priority areas.Monitor LEAs using quantifiable indicators in the priority areas.a.a. Provision of FAPE in LREProvision of FAPE in LREb.b. State exercise of general supervisionState exercise of general supervisionc.c. Disproportionate representation of racial and ethnic Disproportionate representation of racial and ethnic groups in groups in special education and related services to the extent special education and related services to the extent the the representation is the result of inappropriate representation is the result of inappropriate identificationidentification
§601 State Monitoring and Enforcement
Bulletin 1706Bulletin 1706 Chapter 6Chapter 6§602§602. . SState Performance Plans and Data Collectiontate Performance Plans and Data Collection
§603.§603. State use of Targets and ReportingState use of Targets and Reporting§604§604.. LDE’s Review, Determination, and LDE’s Review, Determination, and
Enforcement Enforcement regarding LEA Performanceregarding LEA Performance A.A. ReviewReview B.B. DeterminationDetermination
1.1. meets requirementsmeets requirements2.2. needs assistanceneeds assistance3.3. needs interventionsneeds interventions4.4. needs substantial intervention needs substantial intervention
Bulletin 1706Bulletin 1706Chapter 6Chapter 6§605§605.. State EnforcementState Enforcement
Needs AssistanceNeeds AssistanceNeeds InterventionsNeeds InterventionsNeeds substantial InterventionNeeds substantial Intervention
§606§606. . Withholding FundsWithholding FundsOpportunity for a hearingOpportunity for a hearingSuspensionSuspensionNature of withholdingNature of withholding
§607§607 ReservedReserved
§§608. 608. Secretary’s Review, Determination, and Secretary’s Review, Determination, and Enforcement regarding State PerformanceEnforcement regarding State Performance
See 34CFR 300.603 through 607 and 610See 34CFR 300.603 through 607 and 610
§609§609.. ReservedReserved
§610§610.. ReservedReserved
Subchapter B.-Confidentiality of Subchapter B.-Confidentiality of InformationInformation
§§611.611. Definitions as used in 611-625Definitions as used in 611-625A. DestructionA. DestructionB. Education RecordsB. Education RecordsC. Participating AgencyC. Participating Agency
§§ 612-625 . §§ 612-625 . Procedures and actionsProcedures and actions required to required to ensure the protection of the confidentiality of any ensure the protection of the confidentiality of any personally identifiable data, information, and personally identifiable data, information, and records colleted or maintained by the Secretary ,by records colleted or maintained by the Secretary ,by SEAs and LEAs pursuant to Part B of the Act, and SEAs and LEAs pursuant to Part B of the Act, and consistent with 34CFR 300.611- 300.627.consistent with 34CFR 300.611- 300.627.
Bulletin 1706Bulletin 1706Chapter 6Chapter 6
§646.§646. DisproportionalityDisproportionality
AA. General- Collect and examine data to determine significant . General- Collect and examine data to determine significant disproportionality based on race and ethnicity in the state and LEA’s disproportionality based on race and ethnicity in the state and LEA’s of the state.of the state.
1. identification of students as students with disabilities1. identification of students as students with disabilities2. the placement in particular educational settings2. the placement in particular educational settings3. the incidence, duration, and type of disciplinary actions, 3. the incidence, duration, and type of disciplinary actions,
including suspensions and expulsionsincluding suspensions and expulsions
B.B. Review and revision of policies, practices and procedures: Review and revision of policies, practices and procedures:1. Provide for review, if appropriate, revision of the policies 1. Provide for review, if appropriate, revision of the policies procedures and practices used in the identification or procedures and practices used in the identification or
placement.placement.2. Require early intervening services to student in the LEA, 2. Require early intervening services to student in the LEA,
particularly but not exclusively, students in particularly but not exclusively, students in those groups that were those groups that were significantly over-identified. significantly over-identified.
3. Require the LEA to publicly report on the revision of 3. Require the LEA to publicly report on the revision of policies, policies, practices, and procedures. practices, and procedures.
§626. Enforcement
Chapter 7Chapter 7
Authorization, Allotment, Use of Authorization, Allotment, Use of Funds, and Authorization of Funds, and Authorization of
AppropriationsAppropriations
§701 §701 Grants to StatesGrants to States
§§702-703 §§702-703 ReservedReserved
§704 §704 State Level Activities State Level Activities State AdministrationState Administration Other State Level ActivitiesOther State Level Activities Local Education Agency High Cost FundLocal Education Agency High Cost Fund
§705 §705 Subgrants to LEAsSubgrants to LEAs
A.A. Subgrants Subgrants RequiredRequired
B.B. Allocations to LEAsAllocations to LEAs
C.C. Reallocations of Reallocations of fundsfunds
§§706-716 §§706-716 ReservedReserved
§717. §717. Definitions Applicable to Allotments, Grants, and Definitions Applicable to Allotments, Grants, and Use of FundsUse of Funds
§718. §718. Acquisition of Equipment and Construction or Acquisition of Equipment and Construction or Alteration of FacilitiesAlteration of FacilitiesA.A. General- Requires Secretary ApprovalGeneral- Requires Secretary ApprovalB.B. Compliance with certain regulationsCompliance with certain regulations
1.1. ADA Accessibility StandardsADA Accessibility Standards2.2. Uniform Accessibility StandardsUniform Accessibility Standards
§§719-799 §§719-799 ReservedReserved
CHAPTER 8CHAPTER 8§801§801
EASIEST SECTION IN 1706EASIEST SECTION IN 1706 PRESCHOOL GOVERNED BY ALL OF PRESCHOOL GOVERNED BY ALL OF
IDEA REGULATIONSIDEA REGULATIONS
§819 INTERAGENCY §819 INTERAGENCY AGREEMENTSAGREEMENTS
DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND HOSPITALSHOSPITALS
PLACED IN REGULATIONS IN PLACED IN REGULATIONS IN LIEU OF AN INTERAGENCY LIEU OF AN INTERAGENCY AGREEMENTAGREEMENT
NO REAL CHANGES IN THIS NO REAL CHANGES IN THIS SECTIONSECTION
CHAPTER 9CHAPTER 9
ApplicabilityApplicability All political subdivisions of the State All political subdivisions of the State
involved in education of students involved in education of students with disabilitieswith disabilities
Includes charter schools, educational Includes charter schools, educational service agencies (SSD)service agencies (SSD)
Other State AgenciesOther State Agencies
DEFINITIONSDEFINITIONS
References to other sections of 1706 References to other sections of 1706 used where appropriate (Social work used where appropriate (Social work services in schools—see Related services in schools—see Related services)services)
Follow federal language and orderFollow federal language and order
WHERE DO WE GO NOW?WHERE DO WE GO NOW?
Approved by BESE in Approved by BESE in September or OctoberSeptember or October
Must be in compliance with Must be in compliance with IDEA 2004IDEA 2004Memo will be sent to Memo will be sent to
LEAsLEAs
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)