special education and dispute resolution support services
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Special Education and Dispute Resolution Support Services. Courtney Salas-Ford, Attorney/Administrator Debbie Zeringue, Compliance Specialist Brenda Watson, Administrative Specialist III. Early Resolution/Informal Approach. - PowerPoint PPT PresentationTRANSCRIPT
Special Education and Dispute Resolution
Support Services
Courtney Salas-Ford, Attorney/AdministratorDebbie Zeringue, Compliance Specialist
Brenda Watson, Administrative Specialist III
Early Resolution/Informal Approach
• Quick alternative to using a State Sponsored Dispute Resolution System
• Added benefit of improving communication between both parties
Special Education and Dispute Resolution Support Services
• ADE, Special Education Unit• IEP Review• Facilitated IEP (FIEP)• AR Special Education Mediation Project (ASEMP)• CADRE-The National Center on Dispute Resolution in Special
Education• NICHCY-National Dissemination Center for Children with
Disabilities• AR Parent Training and Information Center (PTI)• Disability Rights Center (DRC)
Arkansas Dept. of EducationSpecial Education Unit
https://arksped.k12.ar.us
Parents/Districts seeking guidance on how to resolve disputes regarding special education matters at the local level may contact the Special Education Unit at the Arkansas Department of Education at 501.682.4221
IEP Review
•Informal approach for Districts and Parents at local level•Quick alternative to using a State Sponsored dispute resolution system•Added benefit of improving communication
Discussion Points:•Rate of Progress•Appropriateness of the Services•Child’s Educational Placement•Parent’s Concerns
Facilitated IEP• Includes an impartial facilitator• Not a member of IEP Team• Keeps the IEP Team focused on developing the child’s
program • Addresses conflicts as they arise• Not required by Law• Service provided at no cost to parents and LEAs• Sponsored by the ADE, Special Education Unit and the UALR
Bowen School of Law Mediation Clinic
http://ualr.edu/law/clinical-programs/mediation
MediationArkansas Special Education Mediation
Project (ASEMP)
• Supported by regulation• Proposed to encourage meaningful, informal resolution of
disputes between the public agency and parents, organizations, or other individuals.
• Opportunity for Public Agency to respond to State Complaint• Opportunity for a Parent who has filed a complaint to
voluntarily engage in Mediation• Prevention
CADREConsortium for Appropriate Dispute
Resolution in Special Education
““Encouraging the use of mediation and other collaborative Encouraging the use of mediation and other collaborative strategies to resolve disagreements about special strategies to resolve disagreements about special education and early intervention programs”education and early intervention programs”
http://www.directionservice.org/cadre/
NICHCYNational Dissemination Center for
Children with Disabilities
National information center that provides information on disabilities and disability related issues, focusing on children and youth.
www.nichcy.org
PTI Arkansas Parent Training and Information
Center
• Statewide federal grant program operated through the Arkansas Disability Coalition
• Empowers parents of children with disabilities in their roles as parents, decision makers, and advocates for their children
• Promotes parent/professional partnerships• Provides information, support, resources, and training
www.adcpti.org
Disability Rights Center(DRC)
• Federally Funded and authorized Protection and Advocacy system and Client Assistance Program for people with disabilities in AR.
• Advocate for and protect human, civil and legal rights off Arkansans with disabilities consistent with federal law
www.arkdisabilityrights.org
ADE SEU Compliance Specialist Responsibilities
• LIAISON to Arkansas School Districts, Parents, Agencies, and others
• MONITOR COMPLIANCE with Hearing Decisions and Corrective Actions required as a result of complaint investigations
• MONITOR PROGRESS of Hearings and Complaint Investigations to ensure compliance with timeframes as required by law
Responsibilities, cont.• INFORMS INDIVIDUALS in conflict situations of appropriate
processes for resolution
• KEEP CURRENT on Legislation, Regulations, Policies, and Litigation pertaining to Special Education
• PROVIDE Technical Assistance to Special Education Staff, School Personnel, and Parents
Formal Approaches
STATE COMPLAINT INVESTIGATION
• Alleged procedural violation of IDEA or state law• Parent, individual, or
organization• Issues within one year• Investigated by ADE-SEU
Investigative Team
DUE PROCESS
• Alleged violations of IDEA re: identification, evaluation, placement, or FAPE• Parent or District• Issues within 2 years• Hearing conducted by
Independent Hearing Office
Dispute ResolutionComplaint Investigations
2011-12
• 37 Filed
• 22 Investigated
• 15 Mediated
2012-13
• 26 Filed
• 13 Investigated
• 45 Mediated
Substantiated Allegations2012-13
• 13/37• That the District failed to provide speech therapy, physical
therapy, and occupational therapy as listed for the 2011-12 school year
• That the District failed to identify and program for all of the student’s special education needs during the 2011-12 school year
• That the District failed to have the required IEP team members present at the Annual Review
• That the District failed to provide FAPE by not implementing the Student’s IEP as written
Substantiated Allegations, cont.
2012-13
• That the District failed to follow due process by not providing the Complainant with a copy of the revised 2012-13 IEP
• That the District failed to report and document the Student’s progress
• That the District failed to conduct Child Find
State Complaint ProceduresSection 12
• State Complaint Form is available on ADE Special Education Unit website to assist parents and other parties in filing a state complaint
• State Complaint Form is recommended, but not required• Completed Form should be sent to ADE/Sped Unit to attention
of Dispute Resolution, and• Student’s local school district
Section 12, cont.• Required information• Signature and contact information for the person filing the
complaint;• Name and address of residence of the child;• The child’s birthdate, gender and ethnicity;• District/School information;• Statement detailing the alleged violation(s) and the facts on
which the statement is based (Note—The alleged violation(s) must have occurred within one calendar year prior to the date the complaint is received.)
• Proposed resolution to the identified issue(s)
Complaint Investigation Procedures Section 12
• SEA reviews Complaint Investigation request for sufficiency• LEA is contacted to ensure they have received a copy of State
Complaint Request *opportunity for LEA to respond• Attempts are made to resolve the complaint by
communicating with the complainant and LEA• Facilitated IEP/Mediation recommended• No Resolution?
Complaint Investigation, cont.• SEA, no later than 10 working days from the date complaint
was received, an investigative team is assigned and all parties notified
• Request is also made for the District to send a copy of the student’s most recent Separate Programming Conference/Decision Form, IEP, Eval/Programming Conference Decision Form and documentation of the last annual review
• Documents reviewed/Interviews arranged• 60 days
Administrative Complaint Investigation 12.06
Cover Page
•Requested by…Name of Complainant•Filed Against…District•Date Filed…Month/Date/Year•Case Number…C-14-XX•Investigative Team…ADE SEU•Review Period…60 days (to include dates)•Final Report Date…60 days from date filed
ADE Written Decision• ADE will issue a written decision to the individual filing the
complaint that addresses each allegation and contains…• Findings of fact and conclusions;• The reasons for the decision; and• Orders for any actions necessary to bring the District into
compliance with federal or state requirements
If the District does not verify compliance with the ADE, additional enforcement proceedings may occur.
Information Regarding Report and/or Documentation
The ADE Special Education Unit will work cooperatively with the District in implementing any corrective actions outlined in this report. Questions regarding this report may be directed to:
Courtney Salas-Ford, Program Administrator
The District shall forward all documentation requested to:
Deborah Zeringue, Compliance Specialist
Dispute ResolutionContact Information
• Phone: (501)682-4291• Fax: (501683-4496
Courtney Salas-Ford, Administrator/[email protected]
Deborah Zeringue, Compliance [email protected]
Danny Reed, [email protected]