M11, C12 - Procedural Safeguards

What must be contained in every notice sent to parents relating to identification, evaluation, or placement?

a description of the action proposed

What are procedural errors?

a mistake in the legal process

Describe the confidentiality requirements of educational methods.

for all children covered by IDEA and preschoolers with disabilities personally identifying information (PII) and educational records FERPA

What is injunctive relief? Punitive damages?

punitive damages- have been held to be unavailable under the IDEA in the majority of cases, it (they) may be under Section 1983 of the Civil Rights Act.

In a judicial review of an administrative decision the burden of proof will usually be on which party?

the parents challenging the IEP/ The one initiating the proceeding and seeking relief

What is a two-tiered system?

A type of due process system civil action usually cannot be filed until all of the administrative options have been exhausted; that is, both the due process hearing and the SEA hearing must have been completed before seeking judicial review

When must new evidence be disclosed in a hearing?

Both parties in a hearing have the right to prohibit the introduction of any evidence in the hearing that was not disclosed to that party at least 5 days prior to the hearing.

Describe judicially awarded remedies for parents who prevail against school districts in due process hearings and court cases.

Even though the IDEA allows parents who prevail against schools in special education litigation to collect attorneys' fees, courts can withhold these fees to the prevailing parties if they unreasonably protract the proceedings or bring frivolous lawsuits. If a court determines that parents rejected a properly made school district settlement and ultimately receive essentially the same offer from the courts, attorney's fees will be denied.

What is the purpose of the procedural protections of IDEA?

Procedural safeguards are designed to protect the rights of parents and their child with a disability and, at the same time, give families and school systems several mechanisms by which to resolve their dispute

Describe two major U.S. Supreme Court cases that dealt with the issue of tuition reimbursement.

Rowley- The Court held that both District and Appeals Courts were wrong in their contention that the intent of the law was to provide for handicapped children's full potentials but rather to simply give them access. The Basic floor of opportunity/ some educational benefit to disabled students. So tuition reimbursement for private school does not have to be provided. NYC BoE v. Tom F - To the extent possible, states are required to use educational programs that integrate disabled children with non-disabled children and to discourage the removal of children with disabilities from a "regular educational environment." If a public agency elects to place disabled children in private school, the agency bears the tuition cost of such placement. However, if a parent refuses agency-provided FAPE and opts instead to enroll the disabled child in private school, the state is not obligated to pay for that child's education

What is mediation? Describe the mediation process.

Special education mediation is a process in which a mediator helps to resolve a dispute between a parent and school district personnel over a child's special educationprogram. A mediator is a neutral person who will help the participants arrive at a mutually satisfactory agreement.

Describe the IDEA's State Complaint mechanism.

State complaints are an important procedural safeguard in IDEA, because they give individuals and organizations a mechanism through which they can address special education conflicts and resolve disputes. The complaint resolution process tends to be less intimidating than a due process hearing and is an alternative to it. Interestingly, the IDEA statute does not include State complaint procedures. Rather, it is the final Part B regulations that require each state to adopt written procedures for resolving any complaint that meets the definition of a "State complaint" under the Part B regulations. A state complaint is very much what it sounds like: a letter written to a official state agency to report a violation or problem. Within special education, it's one of several procedural safeguards available under IDEA to resolve disputes between parents of children with disabilities and the school systems responsible for educating those children.

What do procedural rights give parents the right to challenge?

The right of parents to disagree with decisions made by the school system on those issues The right of parents and schools to use IDEA's mechanisms for resolving disputes, including the right to appeal determinations

Describe the IDEA's general procedural requirements.

Under the procedural safeguards rules of the IDEA even minor changes in a child's special education, such as moving the class to a different room, require notice and consent. The best defense to prevent awards to the plaintiff is in providing an appropriate and meaningful education and collecting data to show educational progress. they give the parents the right to challenge decisions

When must consent be obtained from parents?

When the local educational agency proposes to initiate special education services and placement for a student, his or her parents' consent must be obtained

What can a mediator impose?

a mediator has no authority to impose solutions on either party

What is compensatory education? Tuition relief?

compensatory education ex: Jeremy was educated in a self-contained setting in the public schools for 3 years. A court later held that the setting was not appropriate and ordered the school to pay for Jeremy's education in a private school for 3 years beyond his upcoming graduation. This type of relief granted by the court was... tuition reimbursement- Parents who placed a child with a disability in a private educational facility were later awarded reimbursement for the placement by a court that determined that the school district had proposed an inappropriate IEP. The parents were given...

When reviewing special education administrative decisions, what evidence can courts review?

existing evidence and the admission of new evidence

What is the first step when there is a special education disputes between parents and the school?

filing a due process complaint

What actions must state officials take when they receive a state complaint?

must be provided to the parent within 45 days of the request

Describe the dispute resolution system of the IDEA.

not voluntary like mediation The LEA must convene the meeting within 15 days of receiving a parent's due process complaint, and before convening a due process hearing. There are only two circumstances in which the resolution meeting may be skipped: if both parties agree in writing to waive the meeting, or if both agree to use the mediation process instead. a written agreement must be made between both parties at a meeting, if not it goes on to a due process hearing- more formal and costly

Describe the rights of a student's parents to access their child's educational record.

parents have the right to all records and the right to have them explained to them

What is the exhaustion doctrine?

the IDEA requires that parties only attempt judicial appeals after completing the law's administrative remedies.

In Buckhannon v. West Virginia Department of Health and Human Resources (2001), what did the high court rule?

the party could only be a prevailing party for purposes of awarding attorney's fees if it achieved the desired result in court or through a court-ordered consent decree.

What actions can be taken if the parents refuse to consent to special education services?

the school can try to use due process to get an evaluation or reevaluation of your child if you don't consent.

When can attorney's fees be denied by a court?

to receive attorney's fees in a special education dispute, parents do not have to prevail on every issue they contest, it just must be a significant issue courts can withhold these fees to the prevailing parties if they unreasonably protract the final resolution or bring frivolous lawsuits.