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Avoiding Complaints and Due Process Hearings
Author
Becky Bowman, Associate Director, Hamilton Boon Madison Special Services

Module Description

 

This module will provide the user with an awareness and a basic understanding of:

  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

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:
  5.  
  6. Things Every Teacher Should Know about Complaints and Due Process Hearings and How to Avoid Them.

     

  7. The Nuts and Bolts of Complying with Article 7 Requirements for Case Conference Committee Meetings – from Scheduling to Case Conference Committee Report

     

  8. Resolving Disagreements with Parents – What Can We Do?
Instructional Evaluation

 

Paper


Exceeds Expectations

Meets Expectations

Below Expectations

Demonstrates clear insight into and understanding of the importance of a building culture that values parent participation, good staff-parent communication, and a good staff-parent working relationship in effectively educating students.

Provides a basic understanding of the role and importance of parent participation, good staff-parent communication and working relationships in educating students.

Does not demonstrate an understanding or appreciation of the value or role of parent participation, good staff-parent communication, or good staff –parent working relationships in educating students.

Describes a variety of  actions or activities in which a good building administrator should engage in order to promote parental participation in the education process, to promote good staff-parent communication and working relationships, to foster a problem-solving  attitude among staff, and inspire creative thinking.

Describes some basic and/or generic actions or activities in which a building administrator should engage to promote participation, good  communication, and a good working relationship.  Limited or minimal attention to actions or activities that foster problem-solving or encourage creative thinking.

Describes few or inappropriate actions or activities in which a building administrator should engage to promote participation, communication, and good working relationships with staff and parents.

Recognizes the importance and embraces the role of the administrator in modeling appropriate practices and skills for staff and parents.

Acknowledges that a building administrator should model appropriate practices for staff, but provides little insight of its value.

Does not recognize or minimizes the importance of the role of the administrator in modeling desired behavior for staff and parents.

Inservice Presentations
“Things Every Teacher Should Know about Complaints and Due Process Hearings and How to Avoid Them”


Exceeds Expectations

Meets Expectations

Below Expectations

Provides a clear explanation of a complaint, including references to specific IDEA ’04 and Article 7 citations.

Provides a basic explanation of a complaint with only general reference to IDEA ’04 or Article 7.

Provides an inaccurate explanation or fails to provide a basic explanation of a complaint. No IDEA ’04 or Article 7 citations.

Provides a clear explanation of a due process hearing, including references to specific IDEA ’04 and Article 7 citations.

Provides a basic explanation of a due process hearing with only general reference to IDEA ’04 or Article 7.

Provides an inaccurate explanation or fails to provide a basic explanation of a due process hearing. No IDEA or Article 7 citations.

Provides a good explanation of why the school wants to avoid complaints and due process – noting doing the right thing, fiscal impact, and impact on staff and the working relationship with parents

Provides a cursory explanation of why the school wants to avoid complaints and due process, with minimal identification of the specific reasons.

Provides an inaccurate explanation or fails to explain why schools want to avoid complaints and due process.

Identifies five or more common procedural errors that result in a parent complaint.  Incorporates information from complaint investigation summaries to illustrate.

Identifies three or four common procedural errors that result in parent complaint.

Identifies two or fewer common procedural errors that result in parent complaint

Identifies the seven issues (including Article 7 citation) for which due process can be filed (identification, eligibility, evaluation, services, placement, FAPE, reimbursement) and explains how the disagreements can arise (differences in opinions, breakdown in communication, lack of problem-solving, personalities).  Includes the possibility of compliance issues being raised in a due process hearing

Identifies the seven issues for which a due process hearing can be filed.  Provides a brief explanation of the reasons some of the disagreements arise.

Identifies fewer than the seven issues that can trigger a due process hearing.  Does not provide any explanation of the reasons disagreements arise.

Describes a number and variety of things that can be done to decrease the likelihood of non-compliance and disagreements (good knowledge of procedural requirements, adequate staff training, good communication, creative problem solving, regular monitoring, addressing problems and concerns when they arise); explains  and embraces the importance and value of ensuring that these things are part of the building culture.

Describes the basic things that can be done to decrease the likelihood of a complaint or due process – training staff, fostering good communication, monitoring potential “hot spots”.  Explains the importance of these things being part of the building culture.

Describes one or two things that can be done to minimize the possibility of a complaint or due process.  Does not provide any explanation of the importance of these things as part of the building culture.

 “The Nuts and Bolts of Complying with the Requirements of Article 7 for a Case Conference Committee Meeting – from Scheduling to Case Conference Committee Report”


Exceeds Expectations

Meets Expectations

Below Expectations

Provides detailed information with specific references to Article 7 and other information on the following requirements:
When a CCC must be held;
Scheduling at mutually agreed upon date and time;
Providing adequate notice;
CCC participants in every CCC meeting;
CCC participants in other situations;
CCC role in developing the IEP;
CCC Report/IEP; and
Written opinion.
Provides information on how to document CCC meetings, how to develop an IEP; and how to serve as the public agency representative to the CCC

Provides basic information and general references to Article 7 citations on the following requirements:
When a CCC must be held;
Scheduling at mutually agreed upon date and time;
Providing adequate notice;
CCC participants in every CCC meeting;
CCC participants in other situations;
CCC role in developing the IEP;
CCC Report/IEP; and
Written opinion.

Provides limited or no information and no reference to Article 7 on the following requirements:
When a CCC must be held;
Scheduling at mutually agreed upon date and time;
Providing adequate notice;
CCC participants in every CCC meeting;
CCC participants in other situations;
CCC and developing the IEP;
CCC Report/IEP; and
Written opinion.

“Resolving Disagreements with Parents – What Can We Do?”


Exceeds Expectations

Meets Expectations

Below Expectations

Describes some of the disagreements that can arise between a parent and the school and provides a good explanation of the reasons or the situations in which disagreements between parents and school may occur

Describes some of the disagreements that arise between a parent and the school.  Provides a list of the common reasons the disagreements occur.

Provides only a general or minimal explanation that disagreements between a parent and school occur, and provides no explanation as to the genesis of the common disagreements.

Describes the role and importance of good parent-school communication in resolving matters at an early stage.  Encourages development of effective communication and problem-solving skills

Describes the importance of trying to resolve parent-school disagreements at an early stage and the need for staff to have effective communication and problem-solving skills.

Provides a general or minimal explanation that good parent-school communication is important.

Provides examples of things that can be done to resolve disagreements (meetings, case conference committee meeting, facilitation, mediation).  Recognizes and imparts the importance of dispute resolution activities and repairing relationships with parents. Encourages audience participation in providing other ideas or techniques for resolving disagreements with parents.

Provides examples of ways to resolve disagreements with parents.  Explains the importance of these activities in maintaining a good working relationship with the parent.

Provides few or poor examples of ways to resolve disagreements with parents.

   

 

   

 

   

 

   

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