2. Overview
•Informal tools
•IDEA Remedies
~ Mediation
~ Due Process
~ Resolution Session
•Discipline Remedies
•Appeals
•Attorney fee issues
•Complaints
~ ODE
~ OCR
Informal Tools
•School level
~ Teacher
~ Principal
•Special Ed Coordinator
•Superintendent
3. Remedies -- Mediation
•Can be done with or without filing due
process.
•State has new mediators
~ List on ODE website
•To Request Mediation:
http://www.ode.state.oh.us –search for
mediation
Due Process: When to File
•Request for due process must be
filed within two years of when
parent
~ Knew about violation
~ Should have known about violation
•Longer if district
~ Misrepresented resolution of issue
~ Withheld required information
Due Process Notice
•Must include nature of problem
•Scope of due process based on content
of notice
~ Unless other party agrees
•Amended notice possible with consent
of
~ Both Parties
OR
~ Hearing Officer
4. District Response to Notice
•District must respond within 10
days after receiving complaint
•Response must addresses issues
in due process notice
~ Unless school addressed issues in
prior written notice
Resolution Session
•Prior to due process hearing
~ Unless parties agree to waive in writing
•Includes
~ Parent
~ IEP team
~ Attorneys for both sides or no attorneys
•Agreement enforceable in court
Timing of Resolution Session
•Must be held within 15 days of
request for hearing
•30 days after session to resolve
•If not successful, time for due
process resumes
5. Discipline
Right to FAPE is available to
children who have been
suspended or expelled
20 USC 1415 (k)
34 CFR 300.530(d)(i)
Discipline
•10 days
~ No review
•Over 10 days
~ Manifestation Determination
•Student may be in Interim Alternative
Educational Setting (IAES) but must
receive IEP services
Manifestation Determination
•Within 10 school days of decision
to change placement (suspend)
•Team
~ Parent
~ Local Educational Agency
~ Relevant members of IEP team as
determined by parent and district
6. Manifestation Analysis
•Group shall review all relevant
information in student’ “
s file”
~ IEP
~ Teacher observations
~ Relevant information provided by
parents
Manifestation Analysis
• Whether conduct was
~ Caused by, or
~ Had a direct and substantial
relationship to, the child’ disability
s
OR
•Conduct was direct result of
failure to implement the IEP
If Behavior WAS
Manifestation
•Return child to prior placement unless
~ Agreement
~ Drug/weapon/serious bodily injury
~ Appeal and order
•Functional Behavior Assessment (FBA)
•Behavior Intervention Plan (BIP)
~ Create if none
~ Review and revise if in place
7. If Behavior WAS NOT
Manifestation
•Must continue to receive
educational services
~ Which enable child to progress toward
meeting goals in IEP
~ Must still provide FAPE based on
child’ individual needs
s
•Duration of placement in IAES is
same as term of suspension for
regular student
If Behavior WAS NOT
Manifestation
•Services may be in Interim
Alternative Education Setting
(IAES)
•Determination of alternative
setting SHALL be made by the
student’ IEP Team. 615(k)(2)
s
If Behavior WAS NOT
Manifestation (cont’
d)
•FBA/BIP as appropriate to prevent
recurrence of behavior
•Parent can request expedited
appeal
•Stay put is IAES for any appeals
8. Drugs, Weapons and Injury
•Transfer without consent or
hearing
•45 school days
Serious Bodily Injury
•Substantial risk of death
•Extreme physical pain
•Protracted and obvious disfigurement
or
•Protracted loss or impairment of the
function of a bodily member, organ, or
mental faculty
Appeal
•Parent who disagrees with any
decision on
~ Placement
~ Manifestation determination
•School if maintaining current
placement is substantially likely
to result in injury to child or
others
9. Expedited Appeal
• Resolution session (300.532(c)(3))
~ 7 days from request
~ Hearing may proceed if not resolved within 15
days after request
• Hearing
~ 20 school days from request
• Decision
~ 10 days after hearing
Stay put
•No manifestation: IAES
•Manifestation: placement at time of
appeal
•After the child serves 45 days in IAES
and a due process request is pending,
child stays in IAES, rather than
returning to reg. ed., until case
resolved.
Multiple Appeals
Rules allow for succession of
appeals
“ the LEA believes that returning
if
the child to the original placement
is substantially likely to result in
injury to the child or to others.”
10. Basis for IHO decision
•Substantive grounds
~ Failure to provide FAPE
•Procedural violations deny FAPE only if
violations:
~ Impeded child’ right to FAPE
s
~ Significantly impeded parent opportunity to
participate
~ Caused deprivation of educational benefit
Appeal Time Limits
•45 days to State Hearing Officer
•45 days to state court
•90 days to federal court
Attorney Fees
•Parent may recover reasonable
attorney fees if prevails
•District may recover attorney fees
under narrow circumstances
•Attorney fees must be awarded by
a court –not IHO
11. Recovery by District
•From attorney when action was
~ Frivolous
~ Unreasonable
~ Without Foundation
•From attorney or parent if action
presented for improper purpose
~ Harass
~ Delay
~ Needlessly increase cost of litigation
Complaints - ODE
•Can make a complaint directly
to the Ohio Department of
Education.
•http://www.ode.state.oh.us/except
ional_children/children_with_disabi
lities/ComplaintForm.pdf
Complaints –OCR
•Office of Civil Rights
•File within 180 days (generally)
•Investigation
~ Primarily structural issues
~ Will not replace due process/judicial remedies
•Reference: OCR Case Resolution and
Investigation Manual
