Special Education State Complaints

8m ago
23 Views
1 Downloads
1.63 MB
37 Pages
Last View : 25d ago
Last Download : 2m ago
Upload by : Jayda Dunning
Transcription

Special Education State ComplaintsResolving Disputes Through Informal and Formal ProcessesMichelle Driscoll, Policy CoordinatorNovember 2021Michiga 1!r!e1o9Familiesinformation, support, and education

1-800-552-4821 \ 'e' t \[;;,Michigan ruliance for Familiesinformation, s upport, and education

Acronyms and Symbols MDE-OSE – Michigan Department of Education-Office of Special Education IDEA – Individuals with Disabilities Education Act MARSE – Michigan Administrative Rules for Special Education IEP – Individualized Education Program FAPE – Free Appropriate Public Education MDR – Manifestation Determination Review ALJ – Administrative Law Judge R – Rule (MARSE) § - Section (IDEA)t ii1'iancet \fo(;;,r ram1 ·11es·M·c11·1 1gan""'information, s upport, and education

OverviewGovernance and Guidance Federal regulations and state rules about resolving disputesand complaints through informal and formal processesOptions For Resolving Special Education DisputesState Complaint Process and Procedures Process, Procedures and Timelines What, Who, Why, When, Where, How

Governance and GuidanceIndividuals with Disabilities Education Act (IDEA) 34 CFR §300.506 (Mediation) 34 CFR §300.153 (Filing a state complaint) 34 CFR §300.610-627 (Confidentiality of Information)Michigan Administrative Rules for Special Education (MARSE) R340.1850 – R 340.1855 (State complaints)Michigan Department of Education-Office of Special Education (MDE-OSE) Special Education State Complaints: Procedures and Model Forms (6.8.2021) Special Education Dispute Resolution Options (6.7.2021)

Options For ResolvingSpecial Education Disputes1. Informal Meetings, Review and Revise IEP2. Facilitated IEP3. Mediation4. State Complaint5. Due Process Complaint/Hearing

Informal Complaint ResolutionFederal regulations and state rules encourage informal resolution ofdisputes Parents and school/district staff meet and talk to try and resolve theissue Review, revise, amend the IEP Written agreements between district and parent Mediation services (no cost to parent or district)Benefits of Informal Resolution Parents and school/district have control of the process and outcomes Disagreements can be resolved more quickly Preserve positive, collaborative relationship between schooland parent Less costly (time, resources and money)

Meeting Facilitation Neutral Facilitator Any special education meeting(IEP, Manifestation Determination Review, etc.) Voluntary process - parent and school must agree to participate Facilitator coordinates discussion No cost to parent or school districtWhen to use Facilitation Participants uneasy about a meeting Parent, school relations strained Participants need to focus on student issues

Role of the FacilitatorA Facilitator will: Create an agenda based on input from theparties Stay neutral Facilitate the meeting process, if asked to. Keep meeting centered on student needs Help negotiate disagreements Keep meeting on track and on time Makes sure everyone adheres to ground rulesA Facilitator will not: Be a part of the team Give legal advice Advocate for a position Make decisions

Mediation Safe, neutral environment to resolve a specific dispute Does not delay a parent’s right to file a state complaint Voluntary process-parties must agree to mediation Trained, neutral mediator guides parties through the mediationprocess, assisting in negotiation to resolve differences Conversations are confidential, can’t be used in other courtproceedings Agreement is a legally enforceable document No cost to parent or school district

When to use MediationMediation can be used for Any dispute (eligibility for programs/services, Transition issues) Communication, relationship issues Working towards resolving disagreements anytime during the state complaint process

Role of the MediatorA Mediator willA Mediator will not Remain neutral Make decisions Conduct the mediation Give legal advice Ensure all participants have equalopportunity to express their thoughts Make sure everyone abides by therules for appropriate conduct Help parties remain on topic Guide participants towards creatingan agreement Take notes Record the agreement Take sidesAGREEMENT

Special Education Mediation Services (SEMS)Requesting FREE ServicesCall 833-KIDS-1ST (833-453-7178)Mikids1st.org (fill out Request for Services form)Intake ProcessSEMS contacts parties, arranges schedules, andprocesses paperworkParties Meet

What is a state Complaint?A state complaint is a written, signed statement that alleges a publicagency violated State or federal special education rules or regulations relatedto special education programs and services (MARSE or IDEA) An Intermediate School District (ISD) plan Michigan Revised School Code (as related to special education) Decision made by an Administrative Law Judge State application for federal funds

Common issues addressed in a state complaintRelated to the IEP Parent not invited to an IEP meeting IEP not being implemented Goals and objectives are not measurable Services (amount, description, etc.) are not clearRelated to Evaluation District did not respond to parent’s request to evaluate Evaluation was not completed within the timeline requiredRelated to discipline-student suspended/expelled No services provided No Manifestation Determination Review (MDR) was doneRelated to Free Appropriate Public Education (FAPE) Programs/services not appropriateRelated to Records District didn’t allow parent to see child’s records-access to recordsIssues previously decided in a due process complaint involvingthe same parties, cannot be investigated through a state complaint

Where to get additional information about IssueAddressed byIndividual staff issuesSchool Policies School/District Administrator School BoardDiscriminationSection 504 Plans Office of Civil Rights (OCR)ConfidentialityStudent records Student Privacy Office- US Department of Education Family Educational Rights and Privacy Act (FERPA)AbuseNeglect Local law enforcement agency Department of Health and Human Service (DHHS) –Child Protective Services

Who can file a state complaint - ComplainantIAnyone can file a state complaint. It does not have to be the child’sparent and the person does not have to live in Michigan.Some examples are Parent/guardian/foster parent/surrogate parent assigned by theschool Child’s relative School personnel Doctor, therapist, CMH supports coordinator, case workerThe person who files the state complaint is the complainant.Complaints filed by someone who is not the parent Written, signed, and dated release of information submittedto the OSE Allows communication between the OSE, nonparentcomplainant and parent

Who can file a state complaint – RespondentIThe public agency that the state complaint is filed against is the respondent.Public agency includes: School district Charter school/Public School Academy (PSA) Intermediate School District (ISD) Regional Educational Service Agency (RESA) Michigan Department of Education (MDE) Other state agencies providing education to studentswith disabilities

Why file a state complaint?Individual Complaint 'Complainant believes the school/district violated a special educationrule or regulation for an individual child and they want a remedy(corrective action) for the child.Systemic ComplaintComplainant believes the school/district violated a special educationrule or regulation for a group of students OR a district wide policy or aprocedure violates a special education rule or regulation AND theywant a school, district, ISD, etc. remedy.

What information is required to file a state complaint?IState complaint requirements Statement that a public agency has violated the IDEA, MARSE, MichiganRevised School Code, related to special education programs and services,or failed to implement an IEP, an ALJ decision, an ISD plan, or the stateapplication for federal funds under IDEA Facts on which the statement is based Allegation that the violation did not occur more thanone year before the date the complaint is received Signature and contact information of complainant

State complaint - specific studentIState complaints about a specific student must also include Child’s name and address Name of the school the child is attending If child is homeless, available contact information Description of the nature of the problem, including facts related to theproblem To the extent possible, a suggested solution to the problemThe Office of Special Education (OSE) has a State Complaint Model Form. Not required to use Model Form Ensure all required information is submitted

State complaint dates A state complaint must be received by the Office ofSpecial Education (OSE) within one year of the allegedviolation.I After the complaint is filed, the OSE has 60 calendar daysto complete the investigation and issue a final decision. The IDEA allows an extension for: Exceptional circumstances Mediation or other informal resolution processI

Where to submit the state complaintThe OSE does not accept anonymous or verbal state complaints.A written, signed state complaint submitted to the OSE by mail, fax, email, orhand delivery.Michigan Department of EducationOffice of Special Education – State Complaints608 West Allegan StreetLansing, Michigan 48909Fax: 517-241-7141Email: mde-micomplaints@michigan.govAssistance must be offered with filling out the state complaintif allegation is made verbally to school district

How does the State Complaint Process work?State complaint investigation procedures – Things to know The OSE investigator assigned to the complaint is the case manager. The OSE conducts the investigation with support from the ISD when astate complaint is filed against one of their school districts. The OSE case manager and ISD representative will gather relevantinformation used to determine facts of the case. The OSE will conduct the investigation without support from the ISDwhen a state complaint is filed against an ISD, or when the OSEdetermines there is a conflict of interest involving aschool district.I

State Complaint Procedures Timeline (Steps 1-3)Receipt ofComplaint(Day 1)Intake &Determinationof Sufficiency(Days 1-3) OSE receives state complaint Potential state complaint is date stamped OSE reviews complaint to make sure all required information is included(sufficient) 60-calendar day timeline begins, OSE case manager assigned If not sufficient, OSE notifies complainant of missing information When complaint is determined sufficient, OSE notifies parties and otherrelevant individuals and sends introduction letterNotification(Days 1-5)t ii1'iancet \fo(;;,r ram1 ·11es·M·c11·1 1gan""'information, s upport, and education

State Complaint Procedures Timeline (Steps 4-6) OSE identifies issues to be investigated in the state complaint based on documentation OSE case manager shares identified issues with ISD representative for feedbackIssues Letter Issues letter sent to all parties; public agency has 10 calendar days to send documentation(Days 3-10)Investigation(Days 10-45)Draft of FinalDecision(Days 15-50) OSE gathers relevant information OSE reviews data OSE case manager composes a draft reportt ii1'iancet \fo(;;,r ram1 ·11es·M·c11·1 1gan""'information, s upport, and education

State Complaint Procedures Timeline (Steps 7-8) and Final DecisionAdministrativeReview of DraftFinal Decision OSE does internal review of the draft final decision Draft findings of fact shared with ISD representative, for review only OSE prepares MDE’s final decision of the state complaint(Days 45-60)MDE Issuanceof the FinalDecision(By day 60)FinalDecision OSE sends MDE final decision to the parties and other relevant individuals OSE notifies complainant by email/phone that MDE’s final decision has been issued Final decision issued If there is no violation by public agency-case is closed If there is a violation by public agency-corrective action is orderedt ii1'iancet \fo(;;,r ram1 ·11es·M·c11·1 1gan""'information, s upport, and education

Options available after filing a state complaintResolving the issue through mediation Following mediation, the state complaint (all of it or a portion of it) may bewithdrawn through a specified agreement or in a separate request from thecomplainantWithdrawal Complainant can withdraw a state complaint at any time during the 60calendar day investigation for any reason Complainant submits a written request to the OSE (mail, email, fax, or handdelivery)Dismissal A state complaint is dismissed by the OSE(all of it or a portion of it) when issues raised in thecomplaint are resolved through a due processcomplaint final order issued by an ALJ.

Disagreement with a state complaint final decision A final decision issued by the Michigan Department of Education(MDE) is final. The MDE ensures that a comprehensive state complaintinvestigation is completed within the 60-calendar day timelinerequired by the IDEA. No administrative appeal or reconsideration requests arepermitted in Michigan.

Corrective ActionCorrective ActionSchool/District/ISD levelStudent levelThe OSE will ordercorrective action whena violation is identifiedReviewing, and ifnecessary, revisingproceduresConducting an evaluationSpecific to the violationProviding staff trainingIntended to ensure futurecompliance for allstudents with disabilitieswithin the public agencyand to correct the noncompliance for anindividual studentInforming the board ofeducation when persistentnon-compliance occursConvening an IEP meetingDeveloping a behaviorintervention planAwarding compensatoryeducation

Proof of ComplianceIdentified noncompliance corrected as soon as possible, no later than 1 year fromthe date the final decision is issuedThe OSE and ISD monitor/verify progress of completion of corrective action beforeclosing out the state complaintVerification of completed corrective action includes Review of documentation submitted Random selection of special education files and/or Staff interviewsStudent-level corrective action Must be completed within 30 school days Includes plan for providing compensatory services Compensatory services provided as soon as possible,no later than 1 year after final decision is issued

Additional ResourcesMichigan Department of Education- Office of Special Education(MDE-OSE) Information Line888.320.8384 or email mde-ose@michigan.govFamily Matters (resource page with one page fact sheets developed by the OSE for families)MDE - Family Matters (https://www.michigan.gov/mde/0,4615,7-140-6598 88187 81739-425428--,00.html)Special Education Mediation Service (SEMS)Special Education Mediation Services – Working Together for Student 8 or email info@mikids1st.orgSEMS Online Request for Services FormRequest Services – Special Education Mediation Services ility Rights MichiganDisability Rights Michigan (DRM) (https://www.drmich.org/)800.288.5923 or use the DRM Online Request FormOnline Request Form-Disability Rights Michigan (https://www.drmich.org/contact/)

Stay higanAllianceForFamilies@miallianceQ /MichiganAlliance

STATEWIDE RESOURCESWe have you coveredEastern U.P./Western U.P.Michi ganAllian cefor Famil iesNortheastGreater KentMacombCentralOakland:::t-- - - Livingston·-;;: - - W ayneInformation and Refe rralslnfom,ationEducationSup1 0rtSouthwest(Macomb, Oakland, Wayne)nform at ion an d Referra lswww.michigan alliancefo rfamiliH.orgSoutheast(Rest of Michigan)

Disclaimer and ComplianceThe information expressed during this presentation is the opinion of the individual presenter(s) and may not reflect the opinions ofMichigan Alliance for Families, Michigan Alliance – PTI, Michigan Department of Education, or U.S. Department of Education Officeof Special Education Programs.Compliance with Title IXTitle IX of the Education Amendments of 1972 is the landmark federal law that bans sex discrimination in schools, whether it is in curricular,extra-curricular or athletic activities.Title IX states: “No person in the U.S. shall, on the basis of sex be excluded from participation in, or denied the benefits of, or be subject todiscrimination under any educational program or activity receiving federal aid.”The Michigan Department of Education (MDE) is in compliance with Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681et esq. (Title IX), and its implementing regulation, at 34 C.F.R. Part 106, which prohibits discrimination based on sex. The MDE, as a recipient offederal financial assistance from the United States Department of Education (USED), is subject to the provisions of Title IX. MDE does notdiscriminate based on gender in employment or in any educational program or activity that it operates.For inquiries and complaints regarding Title IX, contact:Elizabeth Collins, Office of Career and Technical Education,Michigan Department of Education, Hannah Building,608 West Allegan, P.O. Box 30008, Lansing, MI 48909MICHIGANDepartme :Education

State Board of Education MembersState Board of Education MembersDr. Cassandra E. Ulbrich, PresidentDr. Pamela Pugh, Vice PresidentTiffany D. Tilley, SecretaryTom McMillin, TreasurerDr. Judith Pritchett, NASBE DelegateEllen Cogen Lipton, Board MemberNikki Snyder, Board MemberJason Strayhorn, Board MemberEx-OfficioThe Honorable Gretchen Whitmer, GovernorDr. Michael Rice, Chairman and State Superintendent

Michigan Alliance for FamiliesMichigan Alliance for Families is an IDEA Grant Funded Initiative of the MichiganDepartment of Education, Office of Special Education, and Michigan’s federalParent-Training and Information Center (PTIC) funded by U.S. Department ofEducation, Office of Special Education Programs 2-4821info@michiganallianceforfamilies.org /MICHIGANDepartme;;iEducationThe Arc.Michigan

Michigan Administrative Rules for Special Education (MARSE) R340.1850 – R 340.1855 (State complaints) Michigan Department of Education-Office of Special Education (MDE-OSE) Special Education State Complaints: Procedures and Model Forms (6.8.2021) Special Education Dispute Resolution Options (6.7.2021)

Related Documents:

G:\Member Services\General\Member Relations\ISSUES & COMPLAINTS\COMPLAINTS\Procedures-Policies-Scripts & training tools\ICHP\Internal Complaints Handling Policy ver 7.doc 1 ARSN 094 718 108 ("Club") A.P.V.C. Limited ACN 093 228 141 (“Responsible Entity”) Internal Complaints Handling Policy & Procedure Manual

Best practice for complaints management processes Best practice for complaints management processes are widely reported and include the following: acknowledging complaints promptly [4, 6-8, 10] assessing complaints and assigning them priority [4, 6-8, 11, 13] planning an investigation if one is needed [4, 6, 8]

Consumer complaints about debt collection are common. Between July 2013—when the Consumer Financial Protection Bu-reau began recording data on debt col-lection—and January 16, 2014, the CFPB recorded more than 11,000 complaints about debt collection—the second-highest volume of complaints received about any

Board of Barbering and Cosmetology PO Box 944226 Sacramento, CA 94244-2260 Complaints involving gross negligence and/or incompetence Complaints involving unsanitary conditions in establishments and schools of barbering, cosmetology, and electrology Complaints involving unlicensed practice of barberi

Healthcare Complaints Analysis Tool version 3, 2015 License Healthcare Complaints Analysis Tool is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. Contact More details about the Healthcare Complaints Analysis Tool and support for implementing it can be obtained from the authors:

main unit of analysis instead of complaints, and by utilizing domain expertise to classify consumers' complaints into an overarching credit life cycle. We believe that these differences allow us to paint a more accurate picture of how complaints vary with the demographic characteristics considered. Our approach is explained in the next section.

vi. All revised Complaints Systems documents to be circulated to CP members before being put up for public consultation. vii. The revised Complaints System Flowchart is to be available at the next CP meeting. 5.2 Golden Veroleum Liberia complaints and the RSPO Report i. A revised report has been sent to all the stakeholders on 8 January 2015. ii.

Complaints monitoring process 2021 In 2019 the Commissioner outlined that future monitoring of government agency complaints mechanisms would move to a more detailed and robust process. The 2021 complaints monitoring process gave effect to this through: risk based categorisation of agencies into three tiers with different monitoring

provides a high-level snapshot of trends in consumer complaints. The Monthly Complaint Report uses a three-month rolling average, comparing the current average to the same period in . Student loan complaints showed the greatest percentage increase from January - March 2016 (773 complaints) to January - March 2017 (3,284 complaints .

1 I. INTRODUCTION AND OVERVIEW From 2007 through the end of 2012, the District of Columbia Office of Police Complaints (OPC)1 received 77 complaints and potential complaints involving Metropolitan Police Department (MPD) enforcement of the District's vehicular window tint law.2 Almost 40 percent of these complaints were filed by non-District residents.

Under local special education law, OSSE “has primary responsibility for the state‐level supervisory functions for special education that are typically handled by a state department of education or public instruction, a state board of education, a state education commission, or a state edu

Special Education Teachers Special Education Supervisor – Mrs. Hall Special Education – Ms. Bachar A19 Special Education – Mrs. Bisson A-Annex Special Education – Mr. Gendreau C10 Special E

According to ISO 10002:2018 Quality Manage-ment – Customer satisfaction – Guidelines for complaints handing in organizations, a complaint is an “expression of dissatisfaction made to an organization, related to its product or service, or the complaints-handling process itself, where a response or

Effective handling of complaints Revised January 2017 Ombudsman Western Australia Ten Principles for an Effective Complaint Handling System Enabling complaints Having a customer focused system that is visible and accessible, with a demonstrated commitment

conduct matters, and death and serious injury (DSI) matters concerning those serving with the police, and to comply with their legal obligations. 1.3 An effective police complaints system is vital. The way in which complaints, conduct matters and death and serious injury matters are dealt with has a huge impact on confidence in the police.

Handling ‘Customer satisfaction-Guidelines for complaints handing in organisations - ISO 10002:2004, MOD’ (Formerly AS4269: Complaints Handing). Contractors must also develop their own complaint management procedures using this Australian Standa

Complaints Policy – January 2017 Introduction This school has a clear policy for dealing with complaints. When a person raises a concern or complaint with us, we will look into it and deal with it in a fair and suitable way. When the person making the complaint is a pupil, we have e

procurement complaints review procedures, as agreed by the Bank. 2. Alternative Procurement Arrangements (APA) Complaints to be handled in accordance with the applicable procedures, as agreed by the Bank. 3. Complaints arising under contracts where Bank SPDs are required to use Procurement Regulations (paragraphs 3.26-3.31 and Annex III) govern the

Customer complaints lodged via Workforce Relations and Integrity (WRI) If a complaint comes into the department via the DES online complaints form or email address, SSQ, Director-General’s office or through the Minister’s office the WRI team will assess the submission to identify if it is a customer

Care and compassion? Report of the Health Service Ombudsman on ten investigations into NHS care of older people Fourth report of the Health Service Commissioner for England Session 2010-2011 Presented to Parliament pursuant to Section 14(4) of the Health Service Commissioners Act 1993 Ordered by The House of Commons to be printed on 14 February 2011 HC 778 London: The Stationery Office 15.50 .