Special School District (SSD) and BESE Special Schools

2. CHAPTER 4§801 Special School District (SSD) and BESE Special Schools

3. CHAPTER 5 Procedural Safeguards

4. Options for Dispute Resolution

5. Familiar Approaches to Resolving Conflicts B. A

6. How AboutThese? A. B.

7. This presentation looks at… Louisiana’s options for dispute resolution Informal Complaints-ERP Formal State complaints State Neutral IEP Facilitation Mediation RDPHs Resolution process Due process hearings Expedited due process Hearings in disciplinary situations Other hearings

8. Procedural Safeguards Notice Is a comprehensive written explanation of procedural safeguards available to parents of a child with a disability Must be provided to parents once per school year Must also be given to parents under specific conditions §530(h)

9. Examples of Informal Approaches IEP review District level IEP Facilitation District level ERP

10. Examples of Informal Approaches State neutral IEP Facilitation

11. Individual education plan facilitation- an alternative dispute resolution method developed by the LDE. This option is available to parents and school districts when both agree that it would be valuable to have a neutral person (IEP Facilitator) present at an IEP meeting to assist them in discussing issues regarding an IEP. The role of the IEP Facilitator is to assist in creating an atmosphere for fair communication and the successful drafting of an IEP for the student. Either parent or district can request IEP Facilitation; however, since the process is voluntary, both sides shall agree to participate in the IEP facilitation process. Like mediation, the IEP facilitation is initiated by request to the LDE, and is at no cost to the parents or districts. §905.

12. Informal Administrative Complaints • District level resolution Produced by NICHCY, 2007

13. Mediation • Description • Benefits • Procedures • SEA’s obligations • Confidentiality of discussions • Enforcement of written agreement Produced by NICHCY, 2007

14. CADRE makes available a number of useful resources on participating in mediation, including: suggestions on how to prepare for a mediation sessionwww.directionservice.org/cadre/preparing.cfm sample “ground rules” for mediationwww.directionservice.org/cadre/grs.cfm

15. Request for Due Process §508 • What is a “Request for due Process Hearing? • Who may file one? • Are there time limits? • What information must be included? • What if it’s not included? • How does an LEA respond? Produced by NICHCY, 2007

17. How ‘bout we stand up? Brain on overload? Time to download. Reach for the sky. And sit back down, refreshed. And stretch a bit. Produced by NICHCY, 2007

18. Resolution Process §510 • Description • Benefits • Procedures • LEA’s obligations • Timelines • Enforcement ofwritten agreement Produced by NICHCY, 2007

19. Due Process Hearings §511 What happens there? What rights do the parties have? What are the timelines? Produced by NICHCY, 2007

20. Due Process Hearings Qualifications of Hearing Officer §511 C

21. Due Process Hearings §513(a) Appealing a Hearing Officer’s Decision Standard for Hearing Officer’s Decision Produced by NICHCY, 2007

22. Due Process §517 Attorneys’ Fees Produced by NICHCY, 2007

23. Due Process What is the child’s placement until completion of the due process proceedings? §518 Produced by NICHCY, 2007

24. Due Process §532 Produced by NICHCY, 2007 Special Rules for Due Process Hearings in Disciplinary Situations

25. Due Process §148 When a Child with a Disability is Unilaterally Placed at a Private School One More Hearing and Tuition Reimbursement is at Issue Produced by NICHCY, 2007

26. Roundup Time!

27. Discipline Section 530 - 537

28. Bulletin 1706(proposed) Key Issues in Discipline Produced by NICHCY, 2007

29. This Presentation looks at... • Overview of discipline provisions in proposed bulletin 1706 • What’s retained, what’s expanded, what’s new • Case studies Produced by NICHCY, 2007

30. Preview of Bulletin 1706 Discipline Provisions Produced by NICHCY, 2007 • Authority of school personnel • Manifestation determination • Services provisions • Interim alternative educational setting (IAES) • Appeals • Child’s placement during appeals • Protections for children not determined eligible for special education and related services • Change of placement because of disciplinary removals • Additional aspects

31. A Authority of School Personnel §530B1 Child violates a code of student conduct Produced by NICHCY, 2007

32. Authority of School Personnel What happens if the child violates a code of student conduct again? §530B1 Produced by NICHCY, 2007

33. Authority of School Personnel And on the 11th day… Produced by NICHCY, 2007 §530

34. Refining “Change of Placement” §536 Produced by NICHCY, 2007

35. PParent Notification Requirements: §530(h) On the Dateon which the decision is made to make a removal that constitutes a change of placement of a child with a disability because of a violation of a code of student conduct… • The LEA must: • notify the parents of that decision, and • provide the parents the procedural safeguards notice Produced by NICHCY, 2007

36. Authority of School Personnel Produced by NICHCY, 2007 New Authority Case-by-Case School personnel may consider any unique circumstances on a case-by-case basis in determining whether a change of placement is appropriate for a child with a disability §530A

37. Authority of School Personnel §530G Special Circumstances Produced by NICHCY, 2007

38. Manifestation Determination §530E New Standards in Bulletin 1706

39. Manifestation Determination §530F If Yes-- Produced by NICHCY, 2007

40. Manifestation Determination If No–(Determination is that behavior is not a manifestation) Child is disciplined in the same manner and for the same length of time* as a child without disabilities would be disciplined except that services provisions apply * Child continues to receive services as described in 530 D Produced by NICHCY, 2007

41. Produced by NICHCY, 2007

42. WhenServices Are Required Under §530 D Where will the child receive those services? How is the services determination made? Who decides? Produced by NICHCY, 2007

43. Appeals §532 Requesting an appeal… No, not that kind of peel! Yes, that kind! Produced by NICHCY, 2007

44. Appeals: Authority of Hearing Officer §532B Hearing officer makes determination on the appeal on an expedited basis Produced by NICHCY, 2007

45. CChild’s Placement During Appeals §533 Here— Or there? Produced by NICHCY, 2007

46. Protections at §534 & Basis of Knowledge Produced by NICHCY, 2007

47. Final Aspect Reporting crimes committed by children with disabilities §535 Produced by NICHCY, 2007

48. Putting It All Together Edward. Charlie. Liz. Produced by NICHCY, 2007

49. Chapter 6 Monitoring, Enforcement, Confidentiality, and Program Information

50. §601 State Monitoring and Enforcement 1. State monitoring and enforcement authorizations a. Improving educational results and functional outcomes for children with disabilities. b. Ensure public agencies meet program requirement • Measure performance of public agencies in the priority areas and on the indicators established by the secretary using quantifiable indicators and qualitative indicators. • Monitor LEAs using quantifiable indicators in the priority areas. a. Provision of FAPE in LRE b. State exercise of general supervision c. Disproportionate representation of racial and ethnic groups in special education and related services to the extent the representation is the result of inappropriate identification