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).

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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).

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"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).

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5

Rights• During Evaluation

• In an IEP Meeting

• Between Meetings

A Common Question

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Responsibilities

Common Question: Rights?

6

equals

ProceduralSafeguards

Rights & Responsibilities

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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?!?

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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

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Slide #Procedural Safeguards: Definitions

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

Evaluation (IEE)• Mediation

Procedural SafeguardsIncluding:

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Slide #Procedural Safeguards: Topics

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• 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

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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

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

procedures• Statement of protections• Sources for assistance

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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

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Slide #PWN: Action Proposed/Refused

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

procedures• Statement of protections• Sources for assistance

Prior Written Notice

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Slide #PWN: Action Proposed/Refused

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“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

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Slide #PWN: Action Proposed/Refused

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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

Prior Written Notice

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Slide #PWN: Factors Included

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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

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This is a test of the Emergency

Broadcast System

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Slide #Emergency Broadcast System Test

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Informed Consent

• Initial evaluation

• Initial services

• Reevaluation

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Slide #Informed Consent

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• Fully informed

• Native language

• Understand

• Agree

Informed Consent

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Slide #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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Slide #When Consent is Not Required

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Participation in Meetings

IDEA states:Parents must be

afforded an opportunity to

participate

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Slide #Parent Participation in Meetings

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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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Slide #Parent Participation in Meetings

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Records

• Inspect and Review

• Request copies

• Within 30 days

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Slide #Records Review

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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.

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Slide #Independent Educational Evaluation (IEE)

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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)

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

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Slide #Important Bulletin!

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Resolution Options• Next section: Formal• Recommend: Informal!

Keep it friendly!

Collaborative Partnership = best outcome!

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Slide #Dispute Resolution Options

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Mediation

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

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Slide #Mediation

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• If agreement is reached - Legally binding agreement

• Mediation Brochure

Mediation

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Slide #Mediation

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• Signed written complaint

• Notify State• Offer mediation• Written response

Local Complaint Procedure

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Slide #Local Complaint Procedure

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Local Complaint Procedure

If parents disagree with the results…

Appeal.

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Slide #Local Complaint Procedure

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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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Slide #State Complaint Procedure

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• 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

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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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Slide #Due Process Hearings

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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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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

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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

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Administrative Law Judge

• Knowledge of IDEA and Florida Rules

• Not an employee

• Impartial

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Slide #Administrative Law Judge

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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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Slide #Due Process Hearing: Rights

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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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Slide #Manifestation Determination

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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

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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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Slide #Private School Placement

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Transfer of Rights

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• 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!

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Parent Involvement

Responsibilities:

• Return the Meeting Notice.

• Keep in touch

• Actively participate

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Slide #Parent Involvement / Responsibilities

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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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Slide #Tips for Parents: Before the IEP Meeting

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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

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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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Slide #Tips for Parents: At the Meeting

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At the Meeting

Tips for Parents

• Ask questions.

• Bring chocolate!

• Be involved!

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Slide #Tips for Parents: At the Meeting

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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