Due Process and how to survive one 1 1 Due Process and how to survive one Karen Davish Title 2 Presentation

The Statistics of Due Process 2 There are approximately: In 2000 nation wide 11% of students have an IEP. In 2010 nation wide 14% of students have an IEP. In 2010 in Pennsylvania 4% of all students receiving a Public School Education receive some type of Special Education Service. In Pennsylvania in 2011 4% of students receiving special education services are out-side of their home school district.

Pennsylvania Student Enrollment 3

Pennsylvania Due Processes In 2005-06 of 270,075 students with IEP’s 760 requested Due Process or 28%. In 2006-07 of 270,930 students with IEP’s 776 requested Due Process or 29%. In 2007-08 of 271,107 students with IEP’s 822 requested Due Process or 30%. In 2008-09 of 271,209 students with IEP’s 819 requested Due Process or 30%.

Total Due Process form 2007-8 to 2011-12 school years Total Due Process form 2007-8 to 2011-12 school years. School Districts and their IU’s. IU 11 - 4 IU 26 - 596 IU 23 - 464 IU 22 - 301 IU 4 - 299 IU 25 - 293 IU 24 - 252 IU 14 - 251 IU 20 - 216 IU 3 - 131 IU 15 - 127 IU 18 - 122 IU 12 – 91 IU 21 - 88 IU 13 - 78 IU 1- 76 IU 16 - 31 IU 29 - 42 IU 4 - 27 IU 27 - 26 IU 2 & 7 & 17- 25 IU 5 - 24 IU 8 - 19 IU 9 & 10 & 28 - 11 IU 6 - 10 3,676

Why I choose this topic Numerous IEP meetings with Child Advocates. Several Manifestation Determination meetings Participated in 2 different students IEP team meetings where the lawyers wrote the IEP Goals. 1 Mediation with a Hearing Officer. (Testified for 30 minutes) 1 Due process that went to the hearing stage and settled. (Spent 40 Hours to prepare. Many meetings with the schools attorney, case settled at the Due Process Hearing). 1 Due process. (Testified for approximately 1 hour). Supervised and have written IEP’s for a student whose parent, acting as her own lawyer, successfully sued the School District of Philadelphia.

Prevention before any IEP meeting Data Collection How do you do this - Attendance Logs; Paper Clips; Colored Pencils; Marbles or Tally Marks. Where do you record it. Charts; Daily Point Sheets or Behavior Tacking Sheets. Record behaviors when/as they happen. If it is for transitions (in hallways from one subject to another) – record that also. Does the student have an SDI – are they using it – yes or no – track this. No matter how you collect the data, tally it at the end of each hour, class, and/or period daily. Do not throw the sheet that you record the daily amount on. If the IEP goal says to track a specific behavior, do not do it one or two days then stop. If the student has a PCA this can be their job. Remember to check the PCA’s data. Accurately record your data every day.

Prevention before any IEP meeting Specially Designed Instruction SDI’s do not ignore them – what are you to be doing? What accommodation is the child to use - Lined paper, chunky pencils, pencils with grips, cards or tokens. Are they using the accommodation - yes or no – keep track of both. Special Equipment – Alpha Smart, Computer, iPad, Calculator, Audio System, Hearing Aid, and/or Glasses If the student is to have Special Equipment and you do not have it, e-mail your lack of equipment to your supervisor, every day if necessary until you have the equipment. If there is a one-on-one or Personal Care Assistant, create a log book for them to sign in with a list of their responsibilities as well as a copy of the IEP. Do other professionals work with the student? Do they have a copy of the SDI’s? Phone calls or e-mails are they a part of the IEP? Even if they are not, keep a phone log in a notebook or on your computer. An e-mail – open it. Even if you do not create a folder and save it, once it has been opened, you can go back and retrieve it.

Preventions before and at the IEP meeting Invitation's Have the Parent sign two copies and an extra one for them to keep. Have the Student sign two copies and an extra one to keep. Remember this is original signatures – one for the students file/chart/records and one for the school. If the parent did not attend the IEP write on the Invitation - “Invited, did not attend”. OR If the parent/guardian attended by telephone write: “Attended via telephone”. REMEMBER if the student will be 14 or older during the term of the IEP they must attend the IEP team meeting. If the student does not attend the IEP meeting for any reason a permission to excuse needs to be completed. Are both/all parents invited to the meeting? Is there a court order in place? When in doubt, check with your supervisor.

Prevention at the IEP meeting Signature Page of the IEP Encourage all to sign in, stating it is only a record of who attended. Every one must sign in – if they refuse to sign in, indicate on the page they attended and refused to sign in. If an individual attends via telephone write in their signature block, “Attended via Telephone”.

Prevention at the IEP meeting 11 Procedural Safe Guards Many parents will say: “No thank you”. “I don’t need this I have plenty”. “Give them to someone else”. “Let me help save a tree”. Take the Procedural Safeguards back, smile and say, “Thank you”. Insure they have signed the page saying they received a copy of the Procedural Safeguards. If you do not have a parent/guardian in attendance at an IEP, on this page of the IEP write: Mailed home with IEP and initial it. OR Mail home the signature page asking for it to be signed it and mail the signature page back. If the parents are divorces, not living together or there is a guardian involved. Get each signature stating they received a copy of and have a copy of the Procedural Safeguards for them.

Prevention at the IEP meeting 12 Permission to Excuse This form is signed by the parent excusing anyone from attending the IEP meeting, who is on the invitation. Individuals providing information that will be a part of the IEP (e.g. Speech & Language, O.T., P.T. or the Student) and are not in attendance. REMEMBER: The IEP is a legal document. If an individual, that is a part of the student’s education team is not at the meeting, it need to be documented as to why. If an individual provides written input, it needs to be presented, considered and possibly included.

Prevention at the IEP meeting 13 Once the Evaluation Report or Reevaluation Report have been written the parent has 10 days between the receiving this report and having the IEP meeting. Many districts go from the ER/RR meeting directly into the IEP meeting. The parents need to agree to this, and sign the waver stating that they are in agreement. Signing this waver provides the written documentation of the parents agreement to go from the ER/RR to the IEP team meeting without the 10 day waiting period.

Prevention at the IEP meeting 14 Insure you have all current and up to date contact information for the parent(s) and guardian. All phone numbers: work, home (land-line), and cellular. If the phone belong to someone other that the parent or guardian – put the individuals name with the phone number. An e-mail address. Home address. Post Office Box. If you need a parent signature – get it.

Before the Due Process Gather any important documentation. 15 Gather any important documentation. Review it with the schools attorney. Now is the time to ask question – make a list of them for the lawyer. Review your notes. Read and re-read them.

The Due Process Hearing 16 If you are a part of the hearing – have a clean note pad. Have your notes in an order you understand. Use the rest room before the proceedings start.

The Due Process Hearing 17 Listen to the entire question that is asked of you. Do not finish the question. If you are not sure, ask to have the question rephrased or repeated. Take a moment and think about your answer. If you do not know the answer, say you do not know. If it is not your area, state that it is not your area. ALWAYS Tell the Truth .

Final Thoughts There is no guarantee that you will never be involved in a Due Process, but if you remember to: Document Collect data Should you become involved in one you will be better prepared. Remember to tell the truth.