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Impartial Due Process Hearing

When a complaint about due process is filled, an impartial due process hearing must be held. There is a set of criteria that a hearing officer must meet in order to qualify.

Subject matter -

Only items mentioned in the complaint may be mentioned at the hearing.

Timeline for requesting a hearing -

The hearing must be held within a year of the issue being brought to attention in the complaint.

Exceptions to the timeline -

This timeline would not apply if:

The school district lied about resolving the problem.

The school district withheld information.

General -

Any party to a due process hearing (including a hearing relating to disciplinary procedures) has the right to:
1. Be accompanied and advised by a lawyer and/or persons with special knowledge or training regarding the problems of children with disabilities;
2. Present evidence and confront, cross-examine, and require the attendance of witnesses;
3. Prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least five business days before the hearing;
4. Obtain a written, or, at your option, electronic, word-for-word record of the hearing;  and
5. Obtain written, or, at your option, electronic findings of fact and decisions.

Parents’ rights at meetings -

You must be given the right to:
1. Have your child present;
2. Open the hearing to the public;  and
3. Have the record of the hearing, the findings of fact and decisions provided to you at no cost.

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This section is about determining the suspension of a child with a disability who violates the school's code of conduct for 5 days or 10 days with a notice of expulsion. If  the child is removed for more than 10 days, they must continue to receive special educational services. If the child carried the weapon uses illegal drugs knowingly, or inflicted harm on another person.
Change of Placement:
If the removal is for more than 10 days in a row or if there's a pattern to the removals.
Parents have the right to request a due process hearing if they disagree with placements made under disciplinary provisions or the manifestation determination
A hearing officer must conduct the due process hearing in order to make a decision and until the evaluation's completed, the student remains in the educational placement that the school has decided.
If a parent places their student to a private education setting, the school isn't required to pay for the cost of education and related services if the parent didn't notify the IEP team at the last meeting about the move or if the school provided the parent with notice of evaluation but the student wasn't made available for the evaluation.

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During the timelines waiting for the hearings take place your child will continue to receive services that are not being disputed.

Resolution Meeting
A resolution meeting will be initiated to discuss your complaint. We can have lawyers there only if both sides have their lawyer present. The purpose of this meeting is for the school district and the other members of the IEP team to understand the basis of your compliant, so that we have a chance to resolve those issues. If we can reach an agreement we will sign a document that says we have reached an agreement. Either side would have 3 business days to void this agreement. If the agreement is voided, we are not able to satisfactorily make changes, or both agree to waive this we could go to a due process hearing.

Due Process Hearing
Must take place within a year of the compliant or when the district should have known about the compliant. Much like a court case, a due process hearing allows us to be represented by lawyers, present evidence, cross examine, and have an official record of events typed up. It is your right to have the child present and have this be a public hearing. The hearing officers decision is final, but could be appealed. Court costs may ensue for the side that loses. The district will mail out the hearing officers decision before the end of the 45 day timeline following the resolution meetings' 30 day timeline.

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Group 1: notes: pages 4-8Robin Coleman Notice•	Written notice must be given (in writing) to change placement, evaluation, or identification.Content of noticeMust describe action school refuses to take and why school refuses to take this action (s). Explain the procedures, records, assessment school used to refuse the action. Include the safe guard procedures that includes part B of the IDEA and state how you can attain a report of the action. The school must also give written notice to change identification, evaluation, or placement of the child public education explaining why refusal was given.Notice in understandable languageNotice must be written in a language transmitted in a language understandable to the family. If communication has to be made for an individual with deafness or blindness, communication should be used such as: sign language, Braille, or oral communication

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Group 1: notes: pages 4-8Robin Coleman Notice•	Written notice must be given (in writing) to change placement, evaluation, or identification.Content of noticeMust describe action school refuses to take and why school refuses to take this action (s). Explain the procedures, records, assessment school used to refuse the action. Include the safe guard procedures that includes part B of the IDEA and state how you can attain a report of the action. The school must also give written notice to change identification, evaluation, or placement of the child public education explaining why refusal was given.Notice in understandable languageNotice must be written in a language transmitted in a language understandable to the family. If communication has to be made for an individual with deafness or blindness, communication should be used such as: sign language, Braille, or oral communication

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Written Notice: School Districts are required to provide you with written notice, in your native language, whenever they propose to initiate special education services or refuse to initiate special education services. Every time the school districts seeks to change the disability identification, engages in an evaluation, determines your child's educational placement, or works to provide your child with a free and appropriate education, they must notify you. And. relatedly, if a school district refuses to evaluate your child's placement, disability, or appropriate educational setting, they have to inform you of that in writing.

All written information must be in your native language. If you are a person who is blind or deaf, the school must provide notification in the language (braille, text-to-voice) that is your primary form of communication.

Consent: A school district cannot offer special education services or engage in an initial evaluation without your voluntary consent, which is obtained through written notice. The school must keep track of their attempts to notify you of an upcoming action related to your child--they state minimum is 3 attempted contacts to receive consent.
The school district can provide services and initatie evaluations without your consent if they can prove that they've made numerous (3) reasonable attempts to contact and inform you but you have not responded, if the rights of parents have been terminated, or if a judge has been appointed to make educational decisions.

As the parent, you can revoke consent, but then the school is not legally bound to provide your child with FAPE or individuals educational programs, or is the school required to offer your child discipline protections.

School districts do not need your consent to review existing data to prepare for your child's evaluation or reevaluation, and/or give a test to your child that is a test given to all children in the general ed. population.

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Confidentiality of Information:
This gives parents the right to confidentiality when sharing documents that include personal and identifiable information.

Record of Access:
Each participating agency must keep a record of parties obtaining access to education records collected, maintained, or used.

Safeguards:
Each participating agency must protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages.

One official at each participating agency must assume responsibility for ensuring the

confidentiality of any personally identifiable information.

Filing a Complaint:
The complaint must allege a violation that occurred not more than one year prior to the date that the complaint is received as described under the heading Adoption of State Complaint

Procedures.

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This portion of the procedural safeguards helps parents understand how a school may choose to discipline their child's behavior. A student with disabilities may be suspended for any amount of time. The standard is 5 days then 10 days only with notice of expulsion.

Normally if the behavior is categorized as not being a result of any challenges the student experiences due to their disability they will receive the same consequences as a student without a disability.

Your child will still receive special education services in a new placement. In the case of weapon carriage, substance abuse, or harm to a peer they will be eligible for immediate new school placement.

All appeals and manifestations need to have a signature indicating that their are concerns about the child's discipline and it's connection with their disability.

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Parents can file a Due Process Complaint when there's a refusal by the school to make a certain type of changes.
- Must be not more than a year before you or the school district knew about alleged action.

- Content of the complaint

The due process complaint must include:

1. The name of the child;

2. The address of the child‘s residence;

3. The name of the child‘s school;

4. If the child is a homeless child or youth, the child‘s contact information and the name of the child‘s school;

5. A description of the nature of the problem of the child relating to the proposed or refused action, including facts relating to the problem;  and

6. A proposed resolution of the problem to the extent known and available to you or the school district at the time.

Complaint amendment

You or the school district may make changes to the complaint only if:

1. The other party approves of the changes in writing and is given the chance to resolve the due process complaint through a resolution meeting, described below;  or

2. By no later than five days before the due process hearing begins, the hearing officer grants permission for the changes

Resolution Period- should only be 30 days and if a decision isn't made within those 30 days 45-calendar day is issued.

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Concerning the procedures for disciplining children with disabilities:
-Student with disabilities may be suspended for:
5 days in a row usuallly
10 days in a row if you were given a notice of expulsion
15 days in a row for separate misconducts as long as there's no change of placement which means he/she is in a new school setting.

If misconduct is determined NOT to be a manifestation of disability, and they're suspended more than 10 days in a row, they can be treated as a child without disabilities would.

If a child is removed from placement, they still get services to allow them to engage in general ed. and if appropriate, get functional behavioral assessment.

Manifestation determination must be completed within 10 days of change of change of placement.

If the child carries a weapon or is involved with drugs or has seriously hurt another student they can be immediately moved to a new school placement.

Parent can file a complaint if he/she disagrees with any decisions about placement or manifestation.

There must be written confirmation that there are at least concerns that the child has a disability for appeals/manifestation/placement to be valid.

The school district doesn't have to pay for private education for your child with disabilities if a Free Appropriate Public Education (FAPE) has been offered.

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This section lets the parents know what to expect in the event that their child breaks code of conduct.

Impartial due process hearing is where the issues of the complaint are discussed. Lawyers may be present.

The decision is made as to whether or not the child received free appropriate public education.

Decisions are final unless an appeal is made. This is where additional evidence may be presented.

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-School district must provide a WRITTEN NOTICE of what's going to happen/not going to happen during the IEP meeting
-it must be in a language the parent understands
-Native language:
-what's considered native language? --> the language the parent typically uses, a language used in the home/in the learning environment
-If you're blind or deaf, the best mode of communication should be used (ex: Braille, oral comm., or sign language
-Parent Consent means:
the parent was informed in their native tongue/the appropriate mode of communication, the parent UNDERSTOOD and AGREED, and the parent understands their consent is voluntary and that you may withdraw whenever.

-The school can't get in trouble for not providing services to your son/daughter if they have proof that they tried to get your consent and you didn't respond/you refused to give your consent

-The school district must get the parent's' consent for just about any of IEP: initial, re-evaluation,.

-If the parent withdraws, the school district will send you a document when the services end. The school district does not have to provide services, write an IEP or change anything.

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Holly King:                         Group 2 pages 8-13

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Holly King:                         Group 2 pages 8-13

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Confidentiality of Information:
A notice to parents, given in their native language, that adequately informs parents about confidentiality regarding personally identifiable information.

Parents have access rights when wanting to see or review any educational records that pertain to their child.  Schools must keep records of individuals who access confidential information, except parents and guardians. Parents can request an amendment of records, which the school can follow through with or refuse. If schools refuse, they must tell parents of their right for an opportunity for a hearing under FERPA. Schools or other agencies must receive permission to disclose information to people other than those in schools/agencies.

Schools must protect personally identifiable information and destroy that information when no longer needed to provide educational opportunities.

State Complaint Procedures
Any organization or individual can file a complaint with the state if it is felt a violation took place. Only parents or school districts can file a due process complaints based on proposing/refusing to initiate or change identification, evaluations, placements, of if FAPE was violated.

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- Impartial Due Process Hearing: When due process complaint is filed there is the opportunity for an impartial due process hearing. The due process hearing must be based off of the due process complaint, must be requested within one year of the issue addressed by the complaint (unless district withheld information or the school district misrepresented that issue had been resolved).
- Any party at due process hearing has right to the following: be accompanied by a lawyer, present evidence/require witness attendance, prohibit evidence that was not disclosed, obtain record of hearing and record of decisions.
- Decision of hearing: whether your child received a free appropriate public education (FAPE)
- Appeals: decision final except if party involved appeals decision with civil action (must be within 45 days of decision)
- Civil Actions: Receive the records, hears additional evidence, bases decision on preponderance of evidence
Award of fees: Based on prevailing rates in community, fees may not be awarded relating to any IEP meeting or for mediation meeting.

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Impartial Due Process Hearing:
-Has impartial hearing officer
-Only issues addressed in due process complaint talked about @ meeting
-happens within 1 year of date that district knew about issue in complaint
-decision made at the meeting (whether or not child receive FAPE) is final unless district or teacher appeal the decision
Hearing Rights:
-lawyers/advocates
-present evidence
-obtain record of the hearing
Parental rights:
-have child present
-open the hearing to the public
-have the record of the hearing, findings, decisions at no cost

If Appeal is Filed:
-court receives records, hears additional evidence and this is filed within 45 days of notif. of decision

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Respond to pages 4-8

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Respond to pages 8-13

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Respond to pages 13-17

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Respond to pages 17-20

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Respond to pages 20 to end