1 Welcomes You To It’s Those Wonderful Rights! Welcome To read the script that goes with each slide, click on the Notes tab (to the left of this screen).

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Presentation transcript:

1 Welcomes You To It’s Those Wonderful Rights! Welcome To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #

2The Movie To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #

3The Movie: Characters To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide # "Nooooope, nope, nope, nope, nope, nope.” “Th-th-then I'm going to scream!”"Sentimental hogwash!" “Ahhh, there must be some easier way.”

4The Movie: Television To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #

5 Rights During Evaluation In an IEP Meeting Between Meetings A Common Question To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide # Responsibilities Common Question: Rights?

6 equals Procedural Safeguards Rights & Responsibilities To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide # Rights & Responsibilities

7 Definitions on the Web Procedural Safeguards Notice of parental rights Protect children and their parents Measures taken to prevent disaster Measures taken to prevent disaster?!? To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #Procedural Safeguards: Definitions

8 Definitions on the Web Notice of parental rights Protect children and their parents Measures taken to prevent disaster?!? Procedural Safeguards To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #Procedural Safeguards: Definitions

9 Prior Written Notice Informed Consent Participation in Meetings Records Independent Educational Evaluation (IEE) Mediation Procedural Safeguards Including: To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #Procedural Safeguards: Topics

10 State Complaint Procedures Due Process Hearings Discipline Private School Placement Transfer of Rights Procedural Safeguards Including: To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #Procedural Safeguards: Topics

11 Tip for Parents: If you don’t understand the safeguards, ask for an explanation! Must be made available: At least once a year Initial referral Request for evaluation Due Process complaint Parent request Procedural Safeguards To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #Procedural Safeguards: Availability

12 To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #Procedural Safeguards: Intro Page

13 Prior Written Notice Action proposed or refused Description of options Description of other factors Description of evaluation procedures Statement of protections Sources for assistance Action proposed or refused Description of options Description of other factors Description of evaluation procedures Statement of protections Sources for assistance To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #Prior Written Notice

14 Action proposed or refused Description of options Description of other factors Description of evaluation procedures Statement of protections Sources for assistance If the school district proposes a change (Notice Before) If the school district refuses a change (Notice After) So, if a parent proposes a change and the school says NO… Prior Written Notice To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #PWN: Action Proposed/Refused

15 Action proposed or refused Description of options Description of other factors Description of evaluation procedures Statement of protections Sources for assistance Prior Written Notice To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #PWN: Action Proposed/Refused

16 “Under my right to Prior Written Notice, I am requesting a written explanation of why the district is refusing to…” Remember this wording! Prior Written Notice To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #PWN: Action Proposed/Refused

17 Action proposed or refused Description of options Description of evaluation procedures Description of other factors Statement of protections Sources for assistance Action proposed or refused Description of options Description of evaluation procedures Description of other factors Statement of protections Sources for assistance Prior Written Notice To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #PWN: Factors Included

18 Must be written in: Language that is understandable to the general public Parents’ native language or other mode of communication Prior Written Notice To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #PWN: Language

19 This is a test of the Emergency Broadcast System To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #Emergency Broadcast System Test

21 Informed Consent Initial evaluation Initial services Reevaluation To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #Informed Consent

22 Fully informed Native language Understand Agree Informed Consent To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #Informed Consent

23 When Consent is NOT Required Reviewing data Testing or evaluation that all children participate in Screening by a teacher To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #When Consent is Not Required

24 Participation in Meetings IDEA states: Parents must be afforded an opportunity to participate To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #Parent Participation in Meetings

25 Participation in Meetings Notification in advance Purpose, time, location Who will be in attendance Documentation of attempts to contact the parents To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #Parent Participation in Meetings

26 Records Inspect and Review Request copies Within 30 days To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #Records Review

27 Independent Educational Evaluation Requested when parent disagrees Qualified person who is not an employee of the school district. Tip for Parents: Choose an evaluator who can attend the IEP in person or by phone. To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #Independent Educational Evaluation (IEE)

28 School district must either: Ensure evaluation is conducted or Initiate a due process hearing. Independent Educational Evaluation To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #Independent Educational Evaluation (IEE)

29 We interrupt this broadcast to bring you this important bulletin from the United Press… To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #Important Bulletin!

31 Resolution Options Next section: Formal Recommend: Informal! Keep it friendly! Collaborative Partnership = best outcome! To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #Dispute Resolution Options

32 Mediation Resolve disputes Voluntary Trained mediator Timely manner Confidential Cannot delay due process To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #Mediation

33 If agreement is reached - Legally binding agreement Mediation Brochure Mediation To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #Mediation

34 Signed written complaint Notify State Offer mediation Written response Local Complaint Procedure To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #Local Complaint Procedure

35 Local Complaint Procedure If parents disagree with the results… Appeal. To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #Local Complaint Procedure

36 A statement of how a requirement has not been met State Complaint Procedure A State Complaint must include.... Explanation of facts An allegation of a violation To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #State Complaint Procedure

37 Conduct an independent investigation Review all information Issue a written decision Extend 60 day time limit Within 60 days, the Department must… State Complaint Procedure To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #State Complaint Procedure

38 Due Process Hearings A description of the problem A proposed resolution of the problem Request for Due Process Hearing must include… To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #Due Process Hearings

39 Explanation of why it proposed or refused an action Description of evaluations used as basis of action The District must send a response within 10 days… Due Process Hearings To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #Due Process Hearings

40 To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #Commercial Break

42 Resolution Meeting To discuss a request for due process hearing Necessary? Not if: Agree to waive or Agree to mediation To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #Resolution Meeting

43 Administrative Law Judge Knowledge of IDEA and Florida Rules Not an employee Impartial To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #Administrative Law Judge

44 Due Process Hearing Rights Counsel Present evidence Record of hearing Findings Both sides have the right to… To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #Due Process Hearing: Rights

45 Manifestation Determination A decision made by the IEP Team about whether a student's misconduct is caused by the student's disability. Definition: To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #Manifestation Determination

46 Manifestation Determination Team determines “Yes” Functional Behavior Assessment Behavior Intervention Plan Team determines “No” Services in different setting To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #Manifestation Determination

47 Private School Placement If FAPE was made available: district does not pay If FAPE was not made available: Due Process - reimbursement To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #Private School Placement

48 Transfer of Rights To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide # At least one year before 18 Rights transfer to legal adult No more IEP meetings? Transfer of Rights

49 To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #Monday Night Football!

51 Parent Involvement Responsibilities: Return the Meeting Notice. Keep in touch Actively participate To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #Parent Involvement / Responsibilities

52 Tips for Parents Before the IEP Meeting Request a draft copy of the IEP Review the most current IEP document At home, discuss what you would like to see your child learn in the coming year. To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #Tips for Parents: Before the IEP Meeting

53 Throughout the year Talk to other parents. Attend workshops. Search the internet. Tips for Parents To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #Tips for Parents: Throughout the Year

54 At the Meeting Tips for Parents Bring your ideas to the table. Bring a picture of your child and put it on the table. Bring a support person. To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #Tips for Parents: At the Meeting

55 At the Meeting Tips for Parents Ask questions. Bring chocolate! Be involved! To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #Tips for Parents: At the Meeting

56 Please take a moment to fill out our evaluation. (It’s only 3 questions!) Thank you! To read the script that goes with each slide, click on the Notes tab (to the left of this screen). Slide #Thank You: Link to Evaluation