Educational AdvocacyAssociates
Gerald E. NelmsEducation – B.S. – Biology
M. Ed. – Educational LeadershipEd. S. – Educational LeadershipEd. D. – Educational Leadership
Dissertation – Removing Barriers of Education for Homeless Student
IDEA 2004IDEA 2004 Re-authorization of Individuals Re-authorization of Individuals
with Disabilities Education with Disabilities Education (Improvement) Act(Improvement) Act
Parental Rights of an Parental Rights of an Exceptional Child Exceptional Child
What is IDEA 2004?
• IDEA establishes the fact that a disability is part of the human experience. It does not diminish the rights of individuals to participate or contribute to society. This law has been implemented in order to improve the educational results for children with disabilities. This allows them to experience full participation, independent living as well as economic self-sufficiency.
Rights of Parents• Records• Confidentiality of Information• Independent Educational Evaluation• Notification• Consent• Regard to hearings• Evaluation Procedures• Least Restrictive Environment
In the absence of the parent
• Surrogate Parent
Records• Examine all records• Representative appointed by you• Agency provide copies of records• Presume that parent can inspect all
records unless agency has been informed no authority under state law
• Information only pertaining to child
Records• Search for information without
charge– May charge if fee does not prevent
parents from right to inspect/review• Informed of all types/locations• Ask for explanation of any item• Amendment of any record if:
– Inaccurate, misleading, violation
Records• Informed of refusal, right to hearing
– Reasonable time• Informed if agency decides
inaccuracy, misleading or violation• Placement of statement of
disagreement• Explanation maintained• Explanation disclosed
Confidentiality• Restrict access
– Withholding consent• Notification before destroying
– Receive copy if desired• Notification of who has accessed• Review/receive copies sent to
another agency
Independent EvaluationDefined
• Evaluation – procedures used to determine whether a child has an exceptionality– Nature & extent– Related services
• Procedures used selectively with individual child– No basic test used with all students
Independent EvaluationDefined
• Independent educational evaluation– Evaluation conducted by qualified
examiner– Not employed by public agency
responsible for the education of the student in question
Independent Evaluation• Independent educational evaluation
at public expense– Public agency either pays for full cost of
evaluation– Ensures that evaluation is otherwise
provided at no cost to parent
Independent Evaluation• Obtain independent educational
evaluation by a qualified examiner• Independent evaluation considered in
either meetings– Placement or program decisions– Hearing regarding FAPE
• Told where an independent evaluation– Obtained – no or low expense
Independent Evaluation• Independent evaluation at public
expense– If you disagree with agency’s evaluation– Agency has right to initiate hearing
regarding FAPE to show evaluation is appropriate
• Independent evaluation at public expense– Requested by hearing officer
Notification• Notified and present
– All meetings– Before agency initiates/changes– Refuses to initiate/change
• Identification• Evaluation• Placement• Provision of FAPE
Notification• Notice in writing
– Native language or other principal mode of communication
– Level understandable to general public• Notice describe
– Proposed action– Explanation of proposal– Describe options– Explanation of why other options were
rejected
Notification• Evaluation procedure, test,
assessment, record or report– Used as basis for any agency-proposed
action or basis for refusal• Description of any other factors
relevant to agency’s proposed action or basis for refusal
• Full explanation of procedural safeguards available to parents
Notification• Right to be notified of sources to
contact to obtain assistance in understanding provisions of Part B of IDEA (advocate)
• Right to prior written notice containing above information– Before agency
initiates/changes/refuses to initiate/change• Identification, evaluation, placement,
provision of FAPE
Notification• Notice translated if native language
or communication is not written– Translated orally, other means in native
language, other mode of communication• Right to understand content of
notice• Written evidence that these
requirements have been met
Notification
• Right to be present at ALL IEP Meetings!!!!
Consent - Defined• Parent has been fully informed of all
information relevant to activity for which consent is sought– In his/her native language or other mode of
communication• Parent understand/agrees (in writing)
– Carrying out of activity for which consent is sought
– Describes activity and lists records which will be released and to whom
• FERPA
Consent - Defined• Parent understands granting of
consent is voluntary– On part of parent– May be revoked at any time
Consent• Before Pre-placement evaluation• Before Re-evaluation• Before initial placement • Description of activity for which
consent is requested• Revoke at any time
Consent• Agency can proceed
– In absence of consent, to a hearing• Determine if child should be evaluated
• Consent may not be required as a condition of any benefit to the parent or student– Exceptions:
• Pre-placement, reevaluation, initial placement
Regard to hearings• Present complaints
– Due process or formal written with respect to any matter relating to • Identification• Evaluation• Education placement• Provision of FAPE to child
Regard to hearings• Due Process Complaint
– Complaint sets forth alleged violation• Not more than two years before date
parent knew or should have known– Due process complaint is a request for a
hearing to occur to resolve matter
Regard to hearings• Formal Written Complaint
– Signed, written complaint that sets forth alleged violation pursuant to State Board Rule 160-4-7-17• Should include statement that local system
has violated requirements of IDEA and the facts on which statement is based
• Must allege that violation occurred not more than one year prior to date of complaint
– Unless a longer period is reasonable because violation is continuing
Regard to hearings• Present complaints if you disagree
with a determination by school district that your child’s behavior was NOT a manifestation of child’s exceptionality
• Mediation and/or impartial due process hearing whenever you file complaint– Or expedited due process hearing when
you file a complaint
Regard to hearings• Responsibility to file due process
complaint notice– Parent, school or attorney
• Alleging a due process violation under IDEA• Required to provide a due process complaint
notice to other party (attorney)• Notice sent to state educational agency
(SEA)– Notice must include
• Name/address of children• Name of school• Description of problem• Proposed resolution
Regard to hearings• Prior written notice regarding
subject matter of due process complaint
• School must determine whether it provided prior notice regarding subject of the due process complaint
• If not, must respond within 10 days
Regard to hearings• Prior written notice must contain
following:– Explanation of why agency
proposed/refused to take action raised in due process complaint
– Description of other option that IEP team considered/reason options were rejected
– Description of evaluation, assessment, record/report agency used as basis for proposed or refused action
– Description relevant factors in school’s proposal or refusal
Regard to hearings• Provide sufficient notice of nature of
problem– If school system feels parent’s
complaint is insufficient, system must notify hearing officer in writing 15 days of receiving complaint
– Hearing officer has 5 days to determine if notice meets requirements of IDEA, then notify all parties of decision
Regard to hearings• If complaint is sufficient
– School must respond to due process complaint
• Complaint not sufficient– Parent has opportunity to resubmit a
new complaint and timelines start over
Regard to hearings• Resolution session
– Provides opportunity for parents and school system to resolve any issue in due process complaint so that parents and system can avoid a due process hearing and provide immediate benefit to child
– Must be convened within 15 days• Between parents, and relevant members of
IEP team• System representative who has decision-
making authority– System cannot include attorney unless parents
are also represented by an attorney
Regard to hearings• Told of any free/low-cost legal and
other relevant services available– Expert on disability conditions that may
be witness at hearing • Hearing conducted by the state
educational agency• Hearing chaired by officer who is not
employed by public agency involved in education of child or otherwise interested in hearing
Regard to hearings• List of persons who serve as hearing
officers– Statement of qualifications of each
person• Advised and accompanied by counsel
– Accompanied by individuals with special knowledge or training in problems of disabled
• Have your child present
Regard to hearings• Hearing open to the public• Present evidence and confront,
cross-examine and compel attendance of witnesses
• Prohibit introduction of evidence not disclosed at least five days before hearing
• Written or electronic verbatim record of hearing
Regard to hearings• Written or electronic findings of
fact and decisions within 45 days after LEA received initial request for hearing– Exception – hearing officer may grant a
specific extension of time at request of either party
• Final decision made by the hearing officer, unless a party brings a civil action
Regard to hearings• Hearing or appeal set at a time and
place reasonable convenient to you and child
• Appeal decision of hearing officer by bringing a civil action in state or federal court within 90 days from date of decision of the hearing officer
Regard to hearings• Child remain in present educational
placement until completion of all hearing and appeal proceedings– Unless you and the agency agree
otherwise• Child placed in public school program
until completion of all proceedings– If complaint involves application of
initial admission to public school
Regard to hearings• Five business days prior to hearing
– Each party shall disclose to all other parties all evaluations completed by that date and recommendations based on offering party’s evaluations that party intends to use at the hearing
– Hearing officer may bar any party that fails to comply with this provision without the consent of the other party
Evaluation Procedures• Full and individual evaluation of
child’s educational needs• Evaluation made by multidisciplinary
team– At least one specialist
• Child assessed in all areas related to suspected disability
• Appropriate tests administered by qualified examiners
Evaluation Procedures• More than one criterion used in
determining appropriate educational program for your child
• Evaluation in child’s native language or mode of communication
• Reevaluation every three years• Reevaluation less than three years if you
or child’s teacher request it– Reevaluation shall not occur more than one time
per year unless school/parent agree
Least Restrictive Environment• Child educated with non-disabled
children to maximum extent appropriate
• Child remain in regular education environment– Unless special class/school is needed
• Removal should be done only when nature/severity is such that education in regular class with use of supplementary aids and services cannot be achieved
Least Restrictive Environment• Continuum of alternative placements
so that removal from regular educational program can be least restrictive situation
• Supplementary services (resource room or itinerant instruction) to make it possible for child to remain in regular class placement
Least Restrictive Environment• Placement in school child would
attend in non-disabled– Unless child’s IEP requires other
arrangement– Right to participate in non-academic and
extracurricular services and activities• Meals, recess, counseling, athletics and
special groups
Surrogate Parents• Person appointed for student for whom
no parent can be identified– Ward of states or whose parent’s
whereabouts cannot be discovered, after reasonable efforts by local system
• Agency must have method for determining whether child needs surrogate parent and assigning surrogate parent to child
Surrogate Parents• Surrogate parent may represent
child in all manners relating to– Identification– Evaluation– Educational placement of child– Provision of FAPE
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