1. What to do if you Disagree with your District?
NOTE:
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Sean Cronin, Associate Education Consultant, CSDE
Jennifer Lussier, Parent Consultant, CPAC
Deborah Richards, Director of Student Services, CREC

2. Defining Terms Involvement – one way, parental or school initiative
Relationship – two-way effective communication
Partnership- respectful, trusting relationships with shared
vision, goals and responsibility

3. Causes of Conflict
Design conflicts arise when stakeholders have differing understandings or ideas about special education services
Examples:
eligibility for services;
methodology of intervention;
perceptions about student needs;
the scope of the IDEA entitlement;
educational placement.

4. Causes of Conflict
Delivery problems are those associated with implementing an IEP that has been agreed upon by the family and the school district.
Examples:
provider competence,
scheduling,
transportation,
coordination of services,
procedural requirements,
privacy, and/or confidentiality.

5. Causes of Conflict:
Relationships are perhaps the most important but elusive source of disputes between school districts and parents.
Examples:
loss of trust,
breakdowns in communication,
cultural differences.

6. Barriers to Building Parent-School Relationships
Lack of time
Insufficient or inaccurate information
Miscommunication
Legal or organizational mandates
Family resistance
Educator resistance

7. If Disagreements Occur
First, try informal methods to resolve differences
Outside of the PPT process
Increase communication on the problem issues
Verbally (but)
Put your concerns in writing
Get a neutral party involved
Contact a parent organization (CPAC)
Contact the Bureau of Special Education
Contact the special education teacher or the case manager
Contact the building administrator
Contact the central office special education director

8. When Disagreements Occur, Increase Communication Efforts
Make sure you reach someone at the school district
If there is no response to your s or phone calls after several tries, try someone else
Use “confirmation” s
What am I missing?
Put Your Concerns in Writing
Write a letter for your PPT
Bring your concerns in writing to the meeting
copies for each team member
Before the meeting?
Document every conversation – don’t rely on your memory

9. When you are in conflict
Conflict can create a positive change if handled in the right way
If emotions are high, the ability to listen is low
Challenge your perception
If you are angry, do not call or the person with whom you are angry
Do not threaten legal proceedings or lawyers
Call a friend, relative, or CPAC
If you make a mistake, don’t be afraid to apologize
When the team works with you to resolve the issue, a “Thank You!” will go a long way

10. Request a PPT – Strategies within the PPT Process
Ask district to review your Procedural Safeguards – ask questions if you do not understand
Understand your right to Prior Written Notice
Use Page 4 of the IEP to provide input – review this after the PPT to make sure your concerns are recorded
Provide input on the vision or priorities for your child, or articulated by the student at the meeting – don’t be afraid to share your concerns or worst nightmares – help set the stage for the bigger, long term picture

11. AND when the following occurs:
Parents should receive the Procedural Safeguards Notice at least annually
AND when the following occurs:
The first time you or the school district asks for an evaluation.
You ask for a copy of these procedural safeguards.
The first time in a school year you request a due process hearing or file a state complaint.
A decision is made to take a disciplinary action against your child that is a change in placement.

12. Right to Prior Written Notice
Written notice must be given to parents before the public agency proposes or refuses to initiate or change
Educational Placement
Identification
Evaluation
Provision of FAPE (Free Appropriate Public Education)

13. Right to Prior Written Notice
The School district must put in writing
Why they propose or refuse such action
The data used as a basis for this decision
Other options that were considered
Why other options were rejected

16. What can you do if you disagree with an evaluation?
Collaborate with your PPT, your child’s case-manager, the evaluator.
Discuss your concerns; make sure the district is aware and understands your concerns.
What questions did you want answered about your child through the evaluation?
Work with the district to resolve your disagreement.
Request an Independent Educational Evaluation at Public Expense.
CSDE Link: Evaluations-and-In-School-Observations
Please note: The district has to consider the recommendations of an IEE, but the PPT may make a decision not to implement some or all of the recommendations.

18. Staying Organized
Create a binder for current IEP and other important documents such as:
Behavior Intervention Plan
Recent Evaluations
Restraint and Seclusion Reports
Document
Contact Log for important correspondence
Follow up phone calls/meetings with an
Missing documents? Request in writing

19. Right to Access Records 34 CFR 300
Right to Access Records 34 CFR ; Connecticut Regulations Section 10-76d-18
Personally Identifiable 34 CFR
Personally identifiable means information that includes: your child’s name,
your name as the parent, or the name of another family member;
your child’s address;
a personal identifier, such as your child’s social security number of student number; or
a list of personal characteristics or other information that would make it possible to identify your child with reasonable clarity.

20. Right to Access Records
Section 10-76d-18 of the Connecticut regulations:
District must allow you to inspect educational records no later than 10 school days after request
Parents may obtain one free copy of educational records upon written request

21. Disagreement over records
Family Educational Rights and Privacy Act – FERPA
Parents may request to correct the record that is “inaccurate, misleading, or in violation of the privacy rights of the student.”
FERPA Hearing
- Request attached to the record

23. More Formal Dispute Resolution Processes
Special Education Complaint Resolution Process
Mediation
Due Process Hearing
Expedited Hearing
Advisory Opinion

24. How Often are Dispute Resolution Processes Used In CT (17-18)?
Complaints filed: 169
Complaints with reports issued: 77
Reports with findings of non-compliance: 45
Mediations requested: 288
Mediations held: 202
Total number of Due Process complaints filed: 236
Resolution meetings: 112
Settlements through Resolution meetings: 64
Fully adjudicated hearings: 9
Expedited Due Process complaints filed: 10
Fully adjudicated expedited hearings: 1

25. Special Education Complaint Resolution Process
Who can initiate the process?
Any individual or organization
What issues?
Allegation, with supporting facts, that the district has violated a state or federal special education law
Time limits:
One year from date of alleged violation (take the filing date and look back 1 year)
Timeline:
60 calendar days from when the BSE received the complaint

26. Examples of the type of issues you can file a complaint about
Your child is not receiving the services agreed to in the IEP
Your child's behavior intervention plan has not been implemented
Evaluations were not completed within state/federal timelines
Your district refused to evaluate your child for special education until they completed interventions identified by the child study team
Your child’s special education services did not begin in the new school year until October

27. Examples of issues you cannot file a complaint about
You don’t like the speech pathologist working with your child
You want your child placed in a different classroom or with a specific teacher

28. Mediation Who can initiate the process?
Parent or School District, but must be voluntary for both
What issues?
Any matter under the IDEA
Time limits:
None
Timeline:

29. Mediation Mediation is voluntary for both parties
An impartial, trained mediator will be assigned by the BSE
The mediator will try to help you and the district reach an agreement
If you reach agreement, a written agreement will be developed
If you don’t reach agreement, the lack of agreement will be documented
Discussions at mediation are confidential
You may bring an advocate or an attorney at your own cost

31. Due Process Hearing Who can initiate the process?
Parent or School District, or student who has reached the age of majority
What issues?
Any matter relating to the identification, evaluation or educational placement or provision of FAPE
Time limits:
Two years from when the parent knew or should have known of the alleged problem
Timeline:
No more than 45 days from the end of the resolution period (maximum of 30 days). School district must convene a resolution meeting within 15 days of receipt of the parent’s complaint, unless the parents agree to waive it or agree to mediate (other factors may affect timelines)

32. Due Process Hearing
An impartial hearing officer will be assigned by the BSE
You and the school district may present evidence and have witnesses attend and testify
You and the school district have the right to cross-examine witnesses
You have the right to hire an attorney to represent you
You may bring an advocate with you, but the advocate cannot represent you
The hearing officer will provide a written decision with findings of fact and conclusions of law
The decision is appealable to state or federal court

33. Expedited Hearing Who can initiate the process?
Parent or School District, or student who has reached the age of majority
What issues?
Only for disagreement about disciplinary placement or disagreement with manifestation determination
Time limits:
Two years from when the parent knew or should have known of the alleged problem
Timeline: No more than 30 school days (20 school days from the hearing and 10 school days to write the decision) from the end of the resolution period (maximum 15 calendar days). No extensions permitted

34. Advisory Opinion (CT Specific)
A non-binding agreement issued by a hearing officer after consideration of a brief presentation of information by both the parents and the school district
You may then choose to bring the matter to a full due process hearing or to settle the dispute
Each side has 45 minutes to present their case to the hearing officer
You will have 15 minutes to respond to the other side’s presentation
The hearing officer will give an oral opinion, no record is kept

35. Where do I get more information?
Due Process Unit at the BSE
Process
(Forms, Complaint Resolution Process, List of Hearing Officers, List of Mediators)

36. CPAC Effective Conversations Program
Lower level dispute resolution option
Aims to support the Planning and Placement Team to work more effectively as a collaborative team to plan and program for the student
Not Advocacy, but communication facilitation and partnership building
Parent or District may request

37. Contacts Jennifer Lussier – CPAC – 860-739-3089 jlussier@cpacinc.org
Sean Cronin – CSDE – Bureau of Special Education –
Deborah Richards – CREC – –
CADRE – The Center for Appropriate Dispute Resolution in Special Education