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Learning from State Complaints and Due Process Complaints

Learning from State Complaints and Due Process Complaints. Office of Special Education Fall Forum 2013 . Introductions. Harvalee Saunto due process Coordinator Ron Greiner state complaint CASE MANAGER Harmonee Costello corrective action case manager. Today’s Journey. Overview C hanges

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Learning from State Complaints and Due Process Complaints

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  1. Learning fromState Complaints andDue Process Complaints Office of Special Education Fall Forum 2013

  2. Introductions Harvalee Sauntodue process CoordinatorRon Greinerstate complaint CASE MANAGERHarmonee Costellocorrective action case manager

  3. Today’s Journey • Overview • Changes • Complaint Trends • Complaint Issues • Learning from complaints

  4. Changes you need to know about…

  5. Trends – At A Glance...

  6. Trends In Complaints

  7. Trends In Complaints

  8. Trends In Complaints

  9. State Complaint Child Find OSE Finding: Noncompliance because the district failed to identify, locate and evaluate a student with medical, behavioral and academic issues. 34 CFR § 300.111

  10. Due Process Complaint Child Find ALJ decision: “As the (parents) actually state in their brief, significant truancy triggers the (district’s) Child Find obligations. The ALJ concludes that the (district) fell far short of fulfilling it’s Child Find obligations in this case and completely denied the student a FAPE for the 2011-2012 school year.”

  11. Learning Moment Child Find You are responsible for what you see, what you hear, and what you say…

  12. State Complaint IEP Implementation OSE Finding: Noncompliance because the district had such a poorly constructed IEP there was no possible way for district staff to adequately provide and document 20 supplementary aids and services and 12 accommodations. R 340.1722(2)

  13. Due Process Complaint Appropriate IEP ALJ decision - two separate cases: 1. The ALJ found that the petitioners established by a preponderance of evidence that the student was denied a FAPE because the IEP lacked measurable goals and failed to provide an appropriate transition plan. 2. A school district cannot ignore it’s obligation under the IDEA to provide an education to a disabled student that is designed to meet his unique needs and prepare him to the limits of his potential for future education, employment and independent living. Not even when his parents say it’s okay.”

  14. Learning Moment IEP Implementation You write it, you own it!

  15. State Complaint Notice OSE Findings - two separate cases: Noncompliance because the district didn’t respond to parent requests in five allegations. Same district was compliant in another complaint because the request for devices was basically a request for methodology. 34 CFR § 300.503

  16. Due Process Complaint Notice ALJ Decision: Several significant changes in the student’s educational placement were made and parents were not notified.

  17. Learning Moment Notice Dot each i and cross each t Send within the timeline

  18. State Complaint Discipline OSE Finding: Noncompliance because the district failed to consider other appropriate options, failed to provide services and a transition plan to return the student to school. Additionally, the OSE found that the district denied the student a FAPE. 34 CFR § 300.530

  19. Due Process Complaint Discipline ALJ decision - two separate cases: The petitioners established by a preponderance of evidence that the student’s disabilities caused or had a direct and substantial relationship to the conduct involved in the incident that led to the student’s removal. 2. Services during removal must be determined on an individualized basis.

  20. Learning Moment Discipline Count the days; review relevant information; do it on time; invite the required people; document the decision Provide Services

  21. State Complaint FAPE OSE Finding: Noncompliance because the district didn’t document: time in program, provision of interpreters, provision of progress reports or implementing goals and objectives. The accumulation of the procedural violations constituted a denial of a FAPE. 34 CFR § 300.101

  22. Due Process Complaint FAPE • ALJ decision: • Multiple procedural violations constituted substantive violations resulting in a denial of a FAPE: • No progress reports • No review and revision of IEP or BIP • Faulty assessment administration • No ESY consideration • Predetermined eligibility • Evaluation delayed • Didn’t consider medical diagnosis/private evaluation

  23. Learning Moment FAPE A Free APPROPRIATE Public Education

  24. Resources: • Your local or Intermediate School District special education administration • Office of Special Education Technical Assistance Line • 1-888-320-8384 • Michigan Special Education Mediation Program (MSEMP)http://msemp.cenmi.org/ • Office of Special Education http://www.michigan.gov/mde/0,1607,7-140-6530_6598---,00.html • Problem Solving Process • Due process Procedures • Compliance Standards • MI-SER • Public Posting http://focus.cenmi.org/state-complaints/

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