PARENT CONCERNS

The Ohio Department of Education is responsible for assuring that children with disabilities receive a free appropriate public education (FAPE) in the least restrictive environment, as required by the IDEA and related federal regulations, state law and state rules.

“Least restrictive environment” means that, whenever possible, the district or agency will educate your child in the regular classroom or general education environment.

The Cincinnati Public Schools -

The Ohio Department of Education (ODE) encourages and supports the resolution of any dispute at the lowest level possible and in a prompt, efficient, and effective manner. The possible options for resolving disputes include, but are not limited to:

· meetings of the student’s IAT and/or IEP team

· meetings or conferences with the student’s teachers;

· meetings or conferences, subject to local school district policies, with school administrator(s), or district level administrator(s).

mediation through ODE in accordance with the Individuals with Disabilities Education Act (IDEA);

· filing a complaint with ODE;

· requesting a due process hearing through ODE in accordance with IDEA

The following “dispute resolution” procedures established by federal or state law may help your address concerns with the school district:

· Administrative review

· Mediation

· IEP Facilitation

· State complaint procedures

· Impartial due process hearing; and

· Resolution meeting facilitation prior to a due process hearing

Complaints

· Any party (including parents and school district or agency) may file a formal or written complaint.

· Any party may claim there has been a violation under IDEA laws or regulations or Ohio special education laws.

· Any party may raise issues about a specific child qualifying for special education services or getting special education services under IDEA law or regulations or Ohio special education laws. Issues may be raised in a complaint about a special education system that affects more than one child with a disability.

Due Process Hearing

· A parent or public agency may request a due process hearing.

· A parent or public agency (including a school district) may claim there has been a violation under IDEA law or Ohio special education law.

· The parent or public agency may raise issues about a child qualifying for special education services or getting special education services under IDEA law or Ohio special education law.

· A parent may raise issues only about the parent’s own child, but may not raise issues about special education system practices that involve other children.

· A public agency may raise issues about a specific child but may not raise issues about special education system practices that involve other children.

Administrative Review

You have the right to present complaints to the school district superintendent regarding your child’s evaluation and placement, and regarding receiving appropriate educational services for your child. The administrative review involves the following process:

· Within 20 days of receiving your complaint: the superintendent (or someone the superintendent designates) 1) will conduct a review without unnecessary delay; 2) may hold an administrative hearing; and 3) will notify all parties of the decision in writing.

· A review will take place at a time and place convenient to all parties.

· The superintendent must a conduct a review and may hold an administrative hearing.

· Every effort should be made to resolve any disagreements at the administrative review.

· You and the school district have the right to invite others to participate in the administrative review, including your attorneys.

Mediation

Mediation is a voluntary process for settling disputes between two parties. For mediation to occur, both parties must agree to settle or resolve their concerns. The mediation process is led by a trained, neutral, third party, called the mediator, who helps the other parties voice their concerns and reach a solution that is acceptable to both. The benefits of mediation are:

· Parents and school district leaders together develop the final agreement rather than an outside individual.

· Parties work together and are in control of the results.

· An agreement reached by both parties result in greater satisfaction for all parties.

· Mediation provides an opportunity for parties to understand different points of view.

· Mediation is less costly and disputes are resolved more quickly than through a due process hearing or court proceeding.

IEP Facilitation

An IEP facilitation is when a neutral, special education mediator who has received specialized training in developing IEPs is asked to help IEP team members develop an IEP for a child. This facilitation service is provided through ODE and is of no cost to the parent. The “facilitator” helps open up communication among team members, guides the discussion and helps the team settle disagreements. The facilitator makes no decisions but helps team members find their own solutions.

RESOURCES

Cincinnati Public Schools-Special Education http://www.cps-k12.org/academics/special-education

Individuals with Disabilities Education Improvement Act of 2004 (IDEIA) http://idea.ed.gov/

Ohio Coalition for the Education of Children with Disabilities (OCECD) http://www.ocecd.org/

Ohio Department of Education-Special Education (ODE) http://education.ohio.gov/Topics/Special-Education

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