Lions, and Tigers, and Lions, and Tigers, and Due Process, Oh My!Due Process, Oh My!

An Overview of Dispute An Overview of Dispute ResolutionResolution

State Complaint State Complaint

A complaint may be filed by any individual, A complaint may be filed by any individual, organization, or an individual from another organization, or an individual from another state. state.

The LEA has ten (10) business days after The LEA has ten (10) business days after their receipt of the Notice of Complaint to their receipt of the Notice of Complaint to resolve the complaint on the local level, or resolve the complaint on the local level, or to submit the LEA's written response to to submit the LEA's written response to the Office of Dispute Resolution and the Office of Dispute Resolution and Administrative Services. Administrative Services.

The Office of Dispute Resolution and The Office of Dispute Resolution and Administrative Services will conduct an Administrative Services will conduct an investigation of the complaint, which will include investigation of the complaint, which will include a complete review of all relevant documentation a complete review of all relevant documentation and may include an independent on-site and may include an independent on-site investigation, if deemed necessary. investigation, if deemed necessary.

The Office of Dispute Resolution and The Office of Dispute Resolution and Administrative Services will send a Letter of Administrative Services will send a Letter of Findings jointly to the parent and the LEAFindings jointly to the parent and the LEA

In resolving a complaint in which a failure In resolving a complaint in which a failure to provide appropriate services is found, to provide appropriate services is found, VDOE will address: VDOE will address: The remediation of the denial of those The remediation of the denial of those

services, including, as appropriate, services, including, as appropriate, compensatory services,compensatory services,

the awarding of monetary reimbursement, or the awarding of monetary reimbursement, or other corrective action appropriate to the other corrective action appropriate to the

needs of the childneeds of the child

MediationMediation

VoluntaryVoluntary

Mutually agreed uponMutually agreed upon

Impartial Impartial

Confidential Confidential

Due ProcessDue Process

"Due process hearing" means an "Due process hearing" means an administrative procedure conducted by an administrative procedure conducted by an impartial hearing officer to resolve impartial hearing officer to resolve disagreements regarding the identification, disagreements regarding the identification, evaluation, educational placement and evaluation, educational placement and services, and the provision of a free services, and the provision of a free appropriate public education that arise appropriate public education that arise between a parent or parents and a local between a parent or parents and a local educational agency. educational agency. Rights are explained in Rights are explained in procedural safeguardsprocedural safeguards

Used to address Used to address Eligibility / Identification Eligibility / Identification

Evaluations, including IEEsEvaluations, including IEEs

Provision of FAPE (Proposed IEPs)Provision of FAPE (Proposed IEPs)

Manifestation related to disciplineManifestation related to discipline

To effect a change in placement (for not more than 45 To effect a change in placement (for not more than 45

days) if the LEA believes the child is a danger to days) if the LEA believes the child is a danger to

himself or othershimself or others

Timeline Timeline 45 calendar days, regular - 20 school days, expedited 45 calendar days, regular - 20 school days, expedited

for decisionfor decision Request must be in writing by parent or school, Request must be in writing by parent or school,

receiving party files response in 10 daysreceiving party files response in 10 days Within five days, hearing officer is appointed from Within five days, hearing officer is appointed from

Supreme Court of VirginiaSupreme Court of Virginia Provide parent with information on mediation, free or Provide parent with information on mediation, free or

low cost legal services, procedural safeguardslow cost legal services, procedural safeguards Resolution session within 15 days, attempted Resolution session within 15 days, attempted

resolution in 30 daysresolution in 30 days HearingHearing DecisionDecision

Parents may…Parents may…

Have the child who is the subject of the Have the child who is the subject of the

hearing presenthearing present

Open the hearing to the publicOpen the hearing to the public

How to PrepareHow to Prepare

Attend meeting with school board attorneyAttend meeting with school board attorney

Read student record and exhibit bookRead student record and exhibit book

Observe student, if possibleObserve student, if possible

Be honest (you’ll be under oath!)Be honest (you’ll be under oath!)

Conduct yourself in a calm manner, even if you Conduct yourself in a calm manner, even if you

think the family attorney is badgering youthink the family attorney is badgering you