MODULE DESCRIPTION:

1. Complaints and due process under the Individuals with Disabilities Education Improvement Act (IDEA ’04) and Indiana’s Article 7;
2. Why schools want to avoid complaints and due process hearings;
3. What gets you into a complaint investigation or a due process hearing -- common staff mistakes and practices that can lead to a parent’s complaint or request for a due process hearing;  
4. How to prevent some of those mistakes; and
5. Options for resolving disagreements with parents about a student’s special education and related services short of a due process hearing.

INSTRUCTIONAL OUTCOMES:

Upon completion of this module, the user will be able to:

1. Provide a basic explanation of complaints and due process;
2. Identify staff practices and issues that frequently lead to a parent’s request for a complaint or a due process hearing;
3. Identify things that an administrator can do to help staff avoid making mistakes that can lead to a complaint or a request for a due process hearing; and
4. Provide parents with an explanation of options for resolving a disagreement about the student’s special education and related services.   

INSTRUCTIONAL PROFICIENCIES:

Standard #3:   The school administrator promotes the success of all students and staff by ensuring management of the organization, operations, and resources for a safe, efficient, and effective learning environment.Performance # 8:   Facilitates processes and activities to ensure that potential problems and opportunities are identified.
           Performance #9:   Facilitates processes and activities to ensure that potential problems are confronted and resolved in a timely manner.
           Performance #16:  Facilitates processes and activities to ensure that conflict is effectively managed.
           Performance #17:   Facilitates processes and activities to ensure effective group process and consensus building skills are used.
           Performance #18:   Facilitates processes and activities to ensure that effective communication skills are used.
           Knowledge #7:  Legal issues impacting school operations.

Standard #5:   The school administrator promotes the success of all students and staff by acting with integrity and fairness and in an ethical manner.
           Performance #3:  Accepts responsibility for school operations.
           Performance #4:  Considers the impact of administrative practices on others.
           Performance #7:  Protects the rights and confidentiality of students and staff.
           Performance #9:  Recognizes and respects the legitimate authority of others.
           Performance #11:  Fulfills legal and contractual obligations.

Standard #6:   The administrator promotes the success of all students and staff by understanding, responding to, and influencing the larger political, social, economic, legal, and cultural context.
           Knowledge #3:  Law as related to education and schooling.

INSTRUCTIONAL EVENTS:

1. Read the narrative section of the module and visit the web sites as indicated.   
2. Read the two vignettes and answer the questions posed.
3. Write a two page paper describing the actions you can take or things that you can do, as an administrator, to foster a building culture that: (1) values parental participation and input in a student’s education program, (2) promotes good staff-parent communication, and (3) supports problem-solving activities and why these are important to the process of educating students.
4. Create a PowerPoint or similar presentation to inservice building staff on one of the following topics:
   1. Things Every Teacher Should Know about Complaints and Due Process Hearings and How to Avoid Them.
   2. The Nuts and Bolts of Complying with Article 7 Requirements for Case Conference Committee Meetings – from Scheduling to Case Conference Committee Report
   3. Resolving Disagreements with Parents – What Can We Do?