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Special School District (SSD) and BESE Special Schools PowerPoint Presentation
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Special School District (SSD) and BESE Special Schools

Special School District (SSD) and BESE Special Schools

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Special School District (SSD) and BESE Special Schools

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Presentation Transcript

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

  2. CHAPTER 5 Procedural Safeguards

  3. Options for Dispute Resolution

  4. Familiar Approaches to Resolving Conflicts B. A

  5. How AboutThese? A. B.

  6. 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

  7. 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)

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

  9. Examples of Informal Approaches State neutral IEP Facilitation

  10. 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.

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

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

  13. 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

  14. 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

  15. 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

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

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

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

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

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

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

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

  23. 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

  24. Roundup Time!

  25. Discipline Section 530 - 537

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

  27. 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

  28. 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

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

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

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

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

  33. 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

  34. 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

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

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

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

  38. 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

  39. Produced by NICHCY, 2007

  40. 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

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

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

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

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

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

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

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

  48. §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