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1
Welcomes You To
It’sThose
Wonderful Rights!
WelcomeTo read the script that goes with each slide, click on the Notes tab (to the left of this screen).
Slide #
2The MovieTo read the script that goes with each slide, click on the Notes tab (to the left of this screen).
Slide #
3The Movie: CharactersTo read the script that goes with each slide, click on the Notes tab (to the left of this screen).
Slide #
"Nooooope, nope, nope, nope, nope, nope.” “Th-th-then I'm going to scream!”"Sentimental hogwash!" “Ahhh, there must be some easier way.”
4The Movie: TelevisionTo read the script that goes with each slide, click on the Notes tab (to the left of this screen).
Slide #
5
Rights• During Evaluation
• In an IEP Meeting
• Between Meetings
A Common Question
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Slide #
Responsibilities
Common Question: Rights?
6
equals
ProceduralSafeguards
Rights & Responsibilities
To read the script that goes with each slide, click on the Notes tab (to the left of this screen).
Slide #Rights & Responsibilities
7
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?!?
To read the script that goes with each slide, click on the Notes tab (to the left of this screen).
Slide #Procedural Safeguards: Definitions
8
Definitions on the Web
• Notice of parental rights
• Protect children and their parents
• Measures taken to prevent disaster?!?
Procedural Safeguards
To read the script that goes with each slide, click on the Notes tab (to the left of this screen).
Slide #Procedural Safeguards: Definitions
9
• Prior Written Notice• Informed Consent• Participation in Meetings• Records• Independent Educational
Evaluation (IEE)• Mediation
Procedural SafeguardsIncluding:
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Slide #Procedural Safeguards: Topics
10
• State Complaint Procedures
• Due Process Hearings
• Discipline
• Private School Placement
• Transfer of Rights
Procedural SafeguardsIncluding:
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Slide #Procedural Safeguards: Topics
11
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
Procedural Safeguards
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Slide #Procedural Safeguards: Availability
12To read the script that goes with each slide, click on the Notes tab (to the left of this screen).
Slide #Procedural Safeguards: Intro Page
13
Prior Written Notice• Action proposed or refused• Description of options• Description of other factors• Description of evaluation
procedures• Statement of protections• Sources for assistance
• Action proposed or refused• Description of options• Description of other factors• Description of evaluation
procedures• Statement of protections• Sources for assistance
To read the script that goes with each slide, click on the Notes tab (to the left of this screen).
Slide #Prior Written Notice
14
• 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…
Prior Written Notice
To read the script that goes with each slide, click on the Notes tab (to the left of this screen).
Slide #PWN: Action Proposed/Refused
15
• Action proposed or refused• Description of options• Description of other factors• Description of evaluation
procedures• Statement of protections• Sources for assistance
Prior Written Notice
To read the script that goes with each slide, click on the Notes tab (to the left of this screen).
Slide #PWN: Action Proposed/Refused
16
“Under my right to Prior Written Notice, I am requesting a written explanation of why the district
is refusing to…”
Remember this wording!
Prior Written Notice
To read the script that goes with each slide, click on the Notes tab (to the left of this screen).
Slide #PWN: Action Proposed/Refused
17
• 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
Prior Written Notice
To read the script that goes with each slide, click on the Notes tab (to the left of this screen).
Slide #PWN: Factors Included
18
Must be written in:
• Language that is understandable to the general public
• Parents’ native language or other mode of communication
Prior Written Notice
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Slide #PWN: Language
19
This is a test of the Emergency
Broadcast System
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Slide #Emergency Broadcast System Test
21
Informed Consent
• Initial evaluation
• Initial services
• Reevaluation
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Slide #Informed Consent
22
• Fully informed
• Native language
• Understand
• Agree
Informed Consent
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Slide #Informed Consent
23
When Consent is NOT Required
• Reviewing data• Testing or evaluation that all
children participate in• Screening by a teacher
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Slide #When Consent is Not Required
24
Participation in Meetings
IDEA states:Parents must be
afforded an opportunity to
participate
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Slide #Parent Participation in Meetings
25
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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Slide #Parent Participation in Meetings
26
Records
• Inspect and Review
• Request copies
• Within 30 days
To read the script that goes with each slide, click on the Notes tab (to the left of this screen).
Slide #Records Review
27
Independent Educational Evaluation
• Requested when parent disagrees• 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.
To read the script that goes with each slide, click on the Notes tab (to the left of this screen).
Slide #Independent Educational Evaluation (IEE)
28
School district must either:
• Ensure evaluation is conducted or
• Initiate a due process hearing.
Independent Educational Evaluation
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Slide #Independent Educational Evaluation (IEE)
29
We interrupt this broadcast to bring you this important bulletin from the United Press…
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Slide #Important Bulletin!
31
Resolution Options• Next section: Formal• Recommend: Informal!
Keep it friendly!
Collaborative Partnership = best outcome!
To read the script that goes with each slide, click on the Notes tab (to the left of this screen).
Slide #Dispute Resolution Options
32
Mediation
• Resolve disputes• Voluntary• Trained mediator• Timely manner• Confidential• Cannot delay due process
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Slide #Mediation
33
• If agreement is reached - Legally binding agreement
• Mediation Brochure
Mediation
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Slide #Mediation
34
• Signed written complaint
• Notify State• Offer mediation• Written response
Local Complaint Procedure
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Slide #Local Complaint Procedure
35
Local Complaint Procedure
If parents disagree with the results…
Appeal.
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Slide #Local Complaint Procedure
36
• 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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Slide #State Complaint Procedure
37
• Conduct an independent investigation
• Review all information• Issue a written decision• Extend 60 day time limit
Within 60 days, the Department must…
State Complaint Procedure
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Slide #State Complaint Procedure
38
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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Slide #Due Process Hearings
39
• 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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Slide #Due Process Hearings
40To read the script that goes with each slide, click on the Notes tab (to the left of this screen).
Slide #Commercial Break
42
Resolution MeetingTo discuss a request for due
process hearing
Necessary?
Not if:Agree to waive or
Agree to mediation
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Slide #Resolution Meeting
43
Administrative Law Judge
• Knowledge of IDEA and Florida Rules
• Not an employee
• Impartial
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Slide #Administrative Law Judge
44
Due Process Hearing Rights
• Counsel• Present evidence• Record of hearing• Findings
Both sides have the right to…
To read the script that goes with each slide, click on the Notes tab (to the left of this screen).
Slide #Due Process Hearing: Rights
45
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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Slide #Manifestation Determination
46
Manifestation Determination
Team determines “Yes”• Functional Behavior
Assessment• Behavior Intervention Plan
Team determines “No”• Services in different setting
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Slide #Manifestation Determination
47
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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Slide #Private School Placement
48
Transfer of Rights
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Slide #
• At least one year before 18
• Rights transfer to legal adult
• No more IEP meetings?
Transfer of Rights
49To read the script that goes with each slide, click on the Notes tab (to the left of this screen).
Slide #Monday Night Football!
51
Parent Involvement
Responsibilities:
• Return the Meeting Notice.
• Keep in touch
• Actively participate
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Slide #Parent Involvement / Responsibilities
52
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.
To read the script that goes with each slide, click on the Notes tab (to the left of this screen).
Slide #Tips for Parents: Before the IEP Meeting
53
Throughout the year
• Talk to other parents.
• Attend workshops.
• Search the internet.
Tips for Parents
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Slide #Tips for Parents: Throughout the Year
54
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.
To read the script that goes with each slide, click on the Notes tab (to the left of this screen).
Slide #Tips for Parents: At the Meeting
55
At the Meeting
Tips for Parents
• Ask questions.
• Bring chocolate!
• Be involved!
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Slide #Tips for Parents: At the Meeting
56
Please take a moment to fill out our evaluation.
(It’s only 3 questions!)
Thank you!To read the script that goes with each slide, click on the Notes tab (to the left of this screen).
Slide #Thank You: Link to Evaluation
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