LEARNING FROMSTATE COMPLAINTS AND

DUE PROCESS COMPLAINTS

Office of Special Education Fall Forum 2013

HARVALEE SAUNTODUE PROCESS COORDINATOR

RON GREINERSTATE COMPLAINT CASE MANAGER

HARMONEE COSTELLOCORRECTIVE ACTION CASE MANAGER

Introductions

Today’s Journey

Overview

•Changes

•Complaint Trends

•Complaint Issues

•Learning from

complaints

Changes you need to know about…

Trends – At A Glance...State

Complaints2011-12 2012-13

Due Process Complaints

2011-12 2012-13

Number & Type 245 274 76 86

Complainants Parent 197MPA 35Other 13

Parent 219MPA 38 Other 17

Parent 73District 3

Parent 77District 9

Dismissed 17 17 11 12

Withdrawn 67 80 54 53

Final Decision Issued 160 172 11 9 2 pending

Allegations/DistrictFound Noncompliant

763/31742%

701/30844%

41/2254%

25/1144%

Expedited/appeal MDR N/A 15 21

Trends In Complaints

Top 10 Issues

State Complaints Due Process Complaints

1. IEP implementation 1. Manifestation Determination Appeal

2. IEP Content 2. IEP Implementation

3. Discipline 3. Identification/Eligibility

4. Notice 4. Evaluation (tie) Appropriate IEP (tie) Independent Educational Evaluation (IEE) (tie)

Trends In ComplaintsTop Ten Issues

State Complaints Due Process Complaints

5. Initial IEP – Evaluation Process

5. Extended School Year (ESY)

6. Child Find – Initial Evaluation 6. Placement

7. IEE 7. LRE

8. Behavior Intervention 8. Other• Unilateral placement • Transition• Overriding parent consent

Trends In ComplaintsTop Ten Issues

State Complaints Due Process Complaints

9. Annual IEP

10. Consent

Free Appropriate Public Education

(FAPE)

Issues

State ComplaintsFully Adjudicated Due Process Complaints

Child Find•Initial evaluation

Eligibility/evaluation:•Initial eligibility/evaluation•Eligibility determination•IEE

IEP •Implementation•Content•Participants

IEP•Participants•Content •Appropriateness•Implementation

Notice Trend down this year

Issues

State ComplaintsFully Adjudicated Due Process Complaints

Discipline Discipline

FAPE FAPE:•IEP ImplementationContentParticipants•Notice

• Placement

34 CFR § 300.111

State Complaint Child Find

OSE Finding:

Noncompliance because the district failed to identify, locate and evaluate a student with medical, behavioral and academic issues.

Due Process Complaint Child Find

ALJ decision:

“As the (parents) actually state in their brief, significant truancy triggers the (district’s) Child Find obligations.

The ALJ concludes that the (district) fell far short of fulfilling it’s Child Find obligations in this case and completely denied the student a FAPE for the 2011-2012 school year.”

Learning Moment

Child Find

You are responsible for what you see, what you hear, and

what you say…

R 340.1722(2)

State Complaint IEP Implementation

OSE Finding:

Noncompliance because the district had such a poorly constructed IEP there was no possible way for district staff to adequately provide and document 20 supplementary aids and services and 12 accommodations.

Due Process Complaint Appropriate IEP

ALJ decision - two separate cases:

1. The ALJ found that the petitioners established by a preponderance of evidence that the student was denied a FAPE because the IEP lacked measurable goals and failed to provide an appropriate transition plan.

2. A school district cannot ignore it’s obligation under the IDEA to provide an education to a disabled student that is designed to meet his unique needs and prepare him to the limits of his potential for future education, employment and independent living. Not even when his parents say it’s okay.”

You write it, you own it!

Learning Moment

IEPImplementa

tion

34 CFR § 300.503

State Complaint Notice

OSE Findings - two separate cases:

1.Noncompliance because the district didn’t respond to parent requests in five allegations.

2.Same district was compliant in another complaint because the request for devices was basically a request for methodology.

Due Process Complaint Notice

ALJ Decision:

Several significant changes in the student’s educational placement were made and parents were not notified.

Dot each i and cross each t

Send within the timeline

Learning Moment

Notice

34 CFR § 300.530

State Complaint Discipline

OSE Finding:

Noncompliance because the district failed to consider other appropriate options, failed to provide services and a transition plan to return the student to school.

Additionally, the OSE found that the district denied the student a FAPE.

Due Process Complaint Discipline

ALJ decision - two separate cases:

1.The petitioners established by a preponderance of evidence that the student’s disabilities caused or had a direct and substantial relationship to the conduct involved in the incident that led to the student’s removal.2. Services during removal must be determined on an individualized basis.

Count the days; review relevant information; do it on

time; invite the required people; document the decision

Provide Services

Learning

MomentDiscipline

34 CFR § 300.101

State ComplaintFAPE

OSE Finding:

Noncompliance because the district didn’t document: time in program, provision of interpreters, provision of progress reports or implementing goals and objectives.

The accumulation of the procedural violations constituted a denial of a FAPE.

Due Process Complaint FAPE

ALJ decision:

Multiple procedural violations constituted substantive violations resulting in a denial of a FAPE:•No progress reports•No review and revision of IEP or BIP•Faulty assessment administration•No ESY consideration•Predetermined eligibility•Evaluation delayed•Didn’t consider medical diagnosis/private evaluation

A Free APPROPRIATE Public Education

Learning Moment

FAPE

Resources:•Your local or Intermediate School District special education administration•Office of Special Education Technical Assistance Line 1-888-320-8384•Michigan Special Education Mediation Program (MSEMP) http://msemp.cenmi.org/•Office of Special Education http://www.michigan.gov/mde/0,1607,7-140-6530_6598---,00.htmlProblem Solving ProcessDue process ProceduresCompliance StandardsMI-SER

•Public Posting http://focus.cenmi.org/state-complaints/