of
Education

A Guide to Parent Rights in Special Education

Special Education Procedural Safeguards Notice

April 2017	Department

	

About Special Education

Special education, for students ages 3 to 21, is guided by federal and state requirements. The federal
requirements are referred to as the Individuals with Disabilities Education Act (IDEA). The state
requirements are referred to as the Ohio Operating Standards for the Education of Children with
Disabilities (Ohio Operating Standards).

This guide can help you understand your rights and your child’s rights according to IDEA and the
Ohio Operating Standards. It also gives you information and resources to help you understand your
child’s special education supports and services.

Your local school district also can help you understand your rights under this law. If you have
questions about the information in this guide, please contact the director of special education for
your district.

Your School Contact for Special Education

District: Please add the following information to this interactive section:

Special Education Director: Lisa C. Ryan, M.Ed

Phone number: 440-801-5050 ext:3223

Email address: lisa.ryan@nocseagles.org

Ohio Department of Education Contact for Special Education

(Phone) 614-466-2650

(Toll free) 877-644-6338

(Fax) 614-728-1097

25 S. Front Street, Mail Stop 409 Columbus, Ohio 43215

Exceptionalchildren@education.ohio.gov

For callers using a teletypewriter (TTY), please call Ohio Relay Service at (800) 750-0750.

Additional Contact Information http://bit.ly/2hgiNa1

A GUIDE TO PARENT RIGHTS IN SPECIAL EDUCATION I April 2017	2

	

Introduction to this Guide of Parent Rights

The Individuals with Disabilities Education Act (IDEA) protects the rights of students with disabilities and the rights of their parents. This guide tells you about those rights. Your school must give you a copy of the guide once every year if your child receives special education services. You also must receive a copy:

· If you ask for your child to be evaluated because you think your child may have a disability;

· If your school district wants to have your child evaluated because it thinks your child may have a disability;
· If you ﬁle (submit) a complaint – in writing – with the Ofice for Exceptional Children at the Ohio Department of Education, and it is your ﬁrst complaint of the school year;
· If you ﬁle (submit) a request – in writing – with the Ofice for Exceptional Children at the Ohio Department of Education for a due process hearing regarding your child’s education, and it is the ﬁrst time in the school year you have asked for one;
· If your child has been removed from school for disciplinary (behavior) reasons – and your child has already been removed from school for 10 days or more during the current school year; or
· Any time you ask for a copy of the guide.

A GUIDE TO PARENT RIGHTS IN SPECIAL EDUCATION I April 2017	3

Table of Contents

General Information ................................................................................................... 5
Informed Parental Consent
Is Your Child Eligible for Special Education? Independent Educational Evaluations
Prior Written Notice

Educational Records ................................................................................................ 10
Accessibility of Records

Dispute Resolution .................................................................................................. 12
Dispute Resolution Process Early Complaint Resolution Facilitation
Mediation
Filing a State Complaint State Complaint Process
Filing a Due Process Complaint Due Process Timeline and Process Due Process Resolution
The Hearing Process Appealing a Decision
Child’s Status During Due Process Attorney’s Fees

Discipline .................................................................................................................. 29
Disciplinary Procedures for Children with Disabilities Manifestation Determination
Interim Alternative Educational Setting

Unilateral Placement of Children with Disabilities by
Parents in a Private School at Public Expense ...................................................... 32
Reimbursement Determination Process

Parent Notification of Scholarship Programs for
Students with Disabilities ....................................................................................... 33
When Notiﬁcation Happens

A GUIDE TO PARENT RIGHTS IN SPECIAL EDUCATION I April 2017	4

General Information

Informed Parental Consent

Informed parental consent means that you and/or the district-appointed

surrogate parent give permission, in writing, for the school district to take an

action. Your permission also means the district gave you information about

the proposed action. Your child’s school district must get this permission from

you, in writing, to do certain things related to your child’s special education.

The school district must get your written permission:

· Before the district evaluates your child for the ﬁrst time to ﬁnd out if your child needs special education and related services;

· Before the district starts giving your child the special education services listed in his or her ﬁrst individualized education program, also called an IEP;

· Before the district reevaluates your child to ﬁnd out if your child’s needs have changed;

· Before the district conducts extra assessments with your child. An example would be a Functional Behavior Assessment;

· Before the district changes your child’s educational placement. This does not have to mean a change in location. Instead, it means a change in your child’s educational program; and

· Before the district gives information about your child to someone

other than those listed in state or federal law.

What is a Surrogate Parent?

A surrogate parent is an

individual who may represent

a child with a disability in all

matters related to qualifying

for and receiving special

education services.

The school district where you

live appoints a surrogate

parent whenever any of the

following occur:

· The parent cannot be identiﬁed;

· The school district, after reasonable efforts, cannot locate the parent;

· The child is an unaccompanied

homeless youth; or

· The child is a ward of the state.

Informed Parental Consent is Not Required When Either of the Following Occur:

· The district is reviewing existing student information as part of the evaluation/reevaluation process; or

· The district conducts assessments with your child that are administered to all students.

A GUIDE TO PARENT RIGHTS IN SPECIAL EDUCATION I April 2017	5

To Give Your Informed Parental Consent, the District:

· Must make sure it has used your native language, or another form of communication you understand, to give you all the information you need to make a decision;

· Must make sure you understand and agree in writing for the district to carry out an activity and your consent describes the activity, as well as any of your child’s records that will be shared with others and with whom;

· Must make sure you understand that you are giving your consent by your own choice and you can change your mind at any time;

· Must make sure you understand that if you withdraw your consent, the district does not have to undo any action it took between the time you gave permission and the time you withdrew it.

Withdrawing Consent

Withdrawing consent means that you take away your permission. You may withdraw your consent at any time if you decide you no longer want your child to receive special education services as offered in your child’s IEP. You must do this in writing.

Then, your school district:

· Must stop providing your child the special education services in the IEP, but before it stops providing the services, the district must give you notice in writing that it is stopping the services. The notice the district gives you is called a prior written notice. This prior written notice must meet the requirements set forth in the Prior Written Notice section on page 9 of this guide.

Once the district has given you this prior written notice stating that it will no longer provide special education services to your child and once services stop, the district no longer considers your child eligible for special education and will instead consider your child a general education student.

A GUIDE TO PARENT RIGHTS IN SPECIAL EDUCATION I April 2017	6

Is Your Child Eligible for Special Education?

To be eligible simply means that your child has been found to need certain

educational services because of one or more disabilities. The Individuals with

Disabilities Education Act (IDEA) requires students with disabilities to receive

special education and/or related services. To be considered a student with

a disability under this law, your child must require special education and/or

related services because of his or her disability in one or more of the following

disability categories:

· Intellectual disability;

· Hearing impairment;

· Speech or language impairment;

· Visual impairment;

· Emotional disturbance;

· Orthopedic impairment;

· Autism;

· Traumatic brain injury;

· Other health impairment;

· Speciﬁc learning disability;

· Deafness;

· Deaf-blindness; or

· Multiple disabilities.

Native Language or Other Mode of Communication

All the meetings you attend, your

child’s evaluation and all notices

you receive must be written or

spoken in your native language

or other mode of communication

you use.

All tests and other materials used

to evaluate your child must be in

your child’s native language — or

another means of communication

that will give the district accurate

information on what your child

knows and can do academically,

developmentally and functionally,

unless clearly not feasible to

provide or administer.

Ask the District to Evaluate Your Child

If you think your child may have a disability that is affecting his or her education, you can ask the district to

evaluate your child to determine whether he or she would be eligible for special education (considered a

child with a disability under IDEA). The school district also can ask you at any time if you want your child to be

evaluated if district staff members think your child may need special education. In either case, after the

school district has gotten your permission (consent) in writing, it must ﬁnish the initial (ﬁrst) evaluation within

60 calendar days.

If a Child is a Ward of the State

If a child is a ward of the state and not living with his or her parent, the school district does not need consent from

the parent for an initial evaluation to determine if the child is a child with a disability in the following situations:

· If, despite reasonable efforts to do so, the school district cannot locate the child’s parent;

· The rights of the parents have been terminated; or

· The rights of the parents have been assigned by a judge to an individual who consents to the initial evaluation.

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Independent Educational Evaluations (IEE)

An independent educational evaluation (IEE) also is called an outside evaluation. The school district will pay for this

outside evaluation only if it has already done its own evaluation of your child and you disagree with what the district

found. The purpose is to ﬁnd out if your child needs special education, or continues to need special education. The

person who evaluates your child for this outside evaluation cannot work for your child’s school district. You, as a parent

have the right, at any time, to arrange and pay for an outside evaluation for your child. Once you disagree with your

district’s evaluation of your child and ask for an outside evaluation, your district must take one of these actions without

unnecessary delay:

· The school district must tell you about where you can obtain an outside evaluation of your child on your own and inform you of the criteria necessary for the district to pay for it. Once the district agrees and you get the outside evaluation, the district must pay the cost; or

· The district must submit a request to the Ohio Department of Education’s Ofﬁce for Exceptional Children for a due process hearing (see page 21) because it disagrees with your request for an outside evaluation. This would be because the district thinks its own evaluation of your child was appropriate.

Criteria for Outside Evaluations

The same criteria that apply to evaluations that the district conducts also apply to outside evaluations that parents

arrange and the district pays for. These criteria include where your child goes for the evaluation and the experience

of the person who examines your child. The district must pay the full cost of an outside evaluation that meets the

district’s criteria.

If you request an outside evaluation for your child, the district may ask you why you disagree with the district’s evaluation

of your child (that is, the reasons you want an outside evaluation), but you do not have to explain this unless you wish to

do so. You only have the right to one outside evaluation paid for by the district, per each time the district evaluates your

child and you disagree with the district’s evaluation results.

Once your child has had an outside evaluation that meets the district’s criteria, regardless of who pays for it, the district

must consider the results of that evaluation and determine how it will provide your child a free appropriate public

education (FAPE).

The Following Chart Shows the Different Scenarios that Occur When You Request an Outside Evaluation

You request the district to pay for an independent
educational evaluation (outside evaluation)

	
The district agrees to your request and tells you how to arrange this outside evaluation.

The district provides an outside evaluation at district expense.

				
		
		You already got the outside evaluation. You want the district to pay for the costs. The district accepts the evaluation results.

The district pays you back for what you spent on an outside evaluation.

				
		
		If the hearing oficer decides the district’s evaluation is appropriate, you can still arrange for your child to have an outside evaluation and pay for it yourself.

If the hearing oficer decides that the district’s evaluation is not appropriate, the district will pay for the cost of your child’s outside evaluation.
	
		The district thinks an outside evaluation is not needed. The district asks for a due process hearing to explain why it thinks its own evaluation of your child was appropriate.

						

			
		
		If the hearing oficer decides that the outside evaluation you arranged was appropriate, the hearing oficer will require the district to pay for your costs of the outside evaluation.

If the hearing oficer decides that the evaluation you arranged is not appropriate, the hearing oficer will not require the district to pay for your costs of the outside evaluation.

You already got the outside evaluation. The district ﬁles for a due process hearing to show that the outside evaluation did not meet district criteria.

					

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Prior Written Notice

Overview

A school district must give you a written notice (called a prior written

notice) within a reasonable amount of time before it proposes or refuses to

take certain actions. These actions include the district initiating or changing

the identiﬁcation, evaluation or education placement of your child or the

provision of a free appropriate public education to your child. Prior written

notice is a required special education form.

Prior Written Notice Contents

A prior written notice must provide enough detail to allow you to

participate in your child’s educational services decisions in an informed

way. Speciﬁcally, the prior written notice must include certain contents, as

outlined in the accompanying box on this page.

Prior Written Notice in an Understandable Language

Prior written notice must be provided in a language that is understandable

to the general public and it also must be written in your native language or

other mode of communication unless it is clearly not practical to do so.

If the parent’s native language or other mode of communication is not a

written language, then the district needs to take steps to verbally translate

the prior written notice, or by another understandable way, in the parent’s

native language or other mode of communication. The district will need

to make sure that it can show, in writing, that the prior written notice was

translated appropriately and that the parent understood its contents.

A GUIDE TO PARENT RIGHTS IN SPECIAL EDUCATION I April 2017

Prior Written Notice Must Include:

· A description of the action proposed or refused by the district;

· An explanation of why the district proposes or refuses to take the action;

· A description of each evaluation procedure, assessment, record or report the school used to make its decision;

· A statement that parents have protection under the IDEA’s procedural safeguards, and if the notice is not an initial referral for evaluation, the means by which a parent can get a description of the procedural safeguards;

· Sources for parents to contact for assistance in understanding the requirements of the IDEA;

· A description of the other options the IEP team considered and the reasons why those options were rejected;

· A description of other factors relevant to the district’s proposal or refusal.

9

Educational Records

Accessibility of Records

The Family Educational Rights and Privacy Act (FERPA) is a federal law that gives parents certain rights to inspect and review their children’s education records. Rights under FERPA transfer from the parents to the student when the student turns 18 years old or begins attending postsecondary school (e.g., a college or university), whichever occurs ﬁrst.

What Are Education Records?

Whether certain information about a student is protected by FERPA depends on whether the item meets the meaning of education record. FERPA deﬁnes education records as:

1. Records that are directly related to one speciﬁc student. Sometimes schools call this personally identiﬁable information; and

2. Records that are kept by an education agency or institution (for

example, your school district) or by a party acting for that agency.

Maintenance and Conﬁdentiality of Records

Education records may be maintained in many ways. Some examples are:

· Handwritten;

· Print;

· Computer;

· Video or audio tape; or

· Film, microﬁlm or microﬁche.

Student records are conﬁdential, meaning they are private. The school

district or agency must protect the privacy of your child’s records when it

collects, stores, releases or destroys them.

Reviewing Your Child’s Records

The school district must allow you to review your child’s education records without unnecessary delay and before any IEP team meeting or any due process proceeding in which you are involved. The district cannot wait more
than 45 days from the date of your request to allow you to view the records.

Personally Identifiable Information Includes:

· Your child’s name;

· A family member’s name;

· Your child’s address or the

family’s address;

· A personal identiﬁcation, such

as your child’s social security

number, student number or

biometric record;

· Other indirect ways of

identifying your child, such as

date of birth, place of birth,

mother’s maiden name, race

or ethnicity;

· Other information that, alone or in

combination, is linked or linkable

to a speciﬁc student that would

allow a reasonable person in the

school community, who does

not have personal knowledge

of the relevant circumstances,

to identify the student with

reasonable certainty;

· Information requested by a

person who the school believes

to have knowledge of the

identity of your child; or

· Other examples as deﬁned

by FERPA.

You have the right to review only information in the record that is about your child. You have a right to ask the school for an explanation of your child’s records. You have a right to have someone, who is acting on your behalf, examine the records (such as a friend or lawyer).

The district may provide you copies of your child’s records; however the district must provide you with copies if failure to do so would prevent you from exercising your right to review the records. You always have the right to receive copies of the records at your expense.

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Changes to Education Records

You have the right to ask the school district to change wrong or misleading information in your child’s education

records. Your child’s school does not have to change the education records pursuant to your request (just because you

ask), but the school must consider your request. If the school decides not to change your child’s record as you asked,

the school must tell you that you have the right to a hearing to talk about the matter.

After the hearing, if the school still decides not to change an education record, you have the right to include your

statement on the matter in your child’s record. This statement must remain a part of your child’s record. The option to

write a statement to go in your child’s record exists only if the records contain wrong information. You cannot use such

a statement to challenge a grade your child has received, an individual’s opinion or a substantive decision made by the

school about your child.

Sharing of Education Records

Usually, the school district must get your permission in writing if it wants to share education records that identify your

child with someone other than you. However, there are some instances when your permission is not required. To ﬁnd out

more about when a district does not have to get your written permission to share records, see FERPA general guidance 

for parents on the U.S. Department of Education’s website at www.ed.gov.

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Dispute Resolution

Dispute Resolution Process

If you are concerned about the education of your child with a disability, the ﬁrst step is to work with your school district.

To begin, contact your student’s teacher or your district’s special education director. Tell the person what you are thinking.

If you and the district do not agree about your concern, there are ways you can work together to solve the problem.

These processes have formal names that your school district may use, but this guide will help you understand what those

names mean and how you and the school can help your child. The following section describes these processes or methods

you can use to work with your district.

Administrative Review

If you disagree with your school district’s decision regarding the education of your child with a disability, you can submit a

complaint to the district’s administration. In response, your district superintendent (or a designee) will conduct an

administrative review. This review may include an administrative hearing.

The review and the administrative hearing, if one is held, must occur at a time and place that works for all required

participants. Both you and the district can invite others to attend the review or administrative hearing. For example, you

could invite other family members or a friend, someone knowledgeable about special education, or a lawyer. If your child

is educated in a program run by a county board of developmental disabilities or other public education agency, the

district must consult with the board or agency for the administrative review.

In reviewing the situation, every effort should be made to resolve the disagreement about your child’s education. The

superintendent (or a designee) will hear both sides of the disagreement and make a decision. Once a decision is reached,

the superintendent must notify you, in writing, of the decision. This must happen within 20 days of when you ﬁrst notiﬁed

the district about your concern.

Additional Processes You Can Try

If you have completed this process and you and the school district still do not agree about how to resolve the problem,

there are more processes you can try. While you are not required to request an administrative review before moving on to

the other dispute resolution processes, it is encouraged. There are additional options you can use to resolve the problem.

The Ohio Department of Education’s Ofﬁce for Exceptional Children can get involved and assist you with your request for

additional tools to help resolve your concerns. The following entities can also help you:

3	216-446-4232
· Your local State Support Team (Region #_____________) at (phone # __________________________). The parent and family consultant at the State Support Team will work with you.

· Your local parent mentor, if your school district has one.

440-801-5050 ext: 3223
— A parent mentor provides information and support to families of a child with a disability and school districts. The parent mentor is a district employee and also a parent of a child with a disability.

— For more information contact ________________________________________________.

· Ohio Coalition for the Education of Children with Disabilities (OCECD)

— The OCECD is a statewide nonproﬁt organization that serves families of infants, toddlers, children and youth with disabilities in Ohio, and educators and agencies who provide services to them. OCECD’s programs help parents become informed and effective representatives for their children in all educational settings.

— For more information, contact the OCECD at (740) 382-5452 or visit the OCECD website at: www.ocecd.org.

A GUIDE TO PARENT RIGHTS IN SPECIAL EDUCATION I April 2017	12

Early Complaint Resolution

Early complaint resolution is when you attempt to settle your differences with the school district informally and typically

before you start utilizing other dispute resolution options. Someone from the Ohio Department of Education’s Ofﬁce for

Exceptional Children will work with you to help you address your questions and concerns about your child’s education.

The Ohio Department of Education encourages early complaint resolution before you ask for more formal processes,

such as written complaints or due process hearings. You may contact someone at the Ohio Department of Education’s

Ofﬁce for Exceptional Children to help address your questions and concerns about your child’s education. To talk to

someone about early complaint resolution, please contact the Department:

· By telephone: (614) 466-2650, or toll-free at (877) 644-6338; or

· By email: exceptionalchildren@education.ohio.gov.

Facilitation

If you are concerned about the evaluation or reevaluation of your child for special education, or about your child’s

Individualized Education Program (IEP), an option called facilitation might work for you.

Facilitation is when you ask the Department to arrange for a facilitator to attend a meeting of your child’s evaluation

or IEP team (you also are a member of this team). The school district can also make a request to the Department for a

facilitator at one of these meetings involving your child’s special education. You and the district must both agree to have

the facilitator present at the meeting.

The Purpose of Facilitation

Facilitation takes place in a team meeting, such as an individualized education program team meeting, evaluation

planning meeting or evaluation team meeting. The facilitator is a neutral, third party who is not a member of the team

and does not make decisions for the team. Having a facilitator helps the team be productive and stay focused on the

student. Facilitators are professional mediators who have been trained by the Ofﬁce for Exceptional Children in special

education processes.

You can request facilitation any time. Once you do, you and the school district must both agree to participate. If you both

agree, the Ofﬁce for Exceptional Children will give you choices of a facilitator to direct the meeting. If you and the district

cannot agree on a facilitator, the ofﬁce will assign one for you. There is no cost to you or the district for facilitation.

The Facilitator:

· Remains a neutral third-party (does not take sides or work for you or the district);

· Is a professionally trained mediator (a qualiﬁed person who helps resolve disputes);

· Has been trained on and knows about special education laws and requirements;

· Is not part of your child’s IEP or evaluation team;

· Does not make decisions, but guides the team to ﬁnd solutions;

· Helps to open up conversation between you and the district;

· Keeps the meeting on track and helps to keep everyone respectful of the process; and

· Keeps the team focused on your child and your child’s needs.

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Key Points to Remember About Facilitation:

· Facilitation is voluntary.

— Both the parent and the school district must agree to be part of the process. If the parent and the district agree to have a facilitator at a meeting, this does not mean you have to agree with the district at the meeting or agree with how the meeting turns out. Parents are always allowed to have their own opinions.

· Any agreement made during a facilitation meeting is generally binding. This means that both the parent and the school district have to follow the agreement after the decision is mutually made.

— Any document that the parent and district sign about your child’s evaluation or IEP carries the same weight as documents they signed at any other IEP or evaluation team meeting.

For more information about facilitation, visit the Ohio Department of Education website at: education.ohio.gov and

search facilitation.

To Request Facilitation

Contact your school district’s special education director to see if the district is willing to participate in this process,

Lisa C. Ryan	440-801-5050 ext: 3223
_______________________________ at_________________________________. Once both parties agree to

participate in facilitation, please contact the Ohio Department of Education’s Ofﬁce for Exceptional Children:

· By telephone: (614) 466-2650, or toll-free at (877) 644-6338; or

· By email at: exceptionalchildren@education.ohio.gov.

Mediation

Mediation is when parents and the school district agree to have a

neutral, third-party professional come to a meeting to help them reach

an agreement about the education of a student with a disability or a

student who is suspected of having a disability. Third-party means that

this person, also called the mediator, does not take sides and does not

work for or act on behalf of the parent or the district. Mediation is one

choice for parents and districts any time there is disagreement involving

your child’s special education.

Mediation is Free and Can Be Requested Any Time

Mediation can be requested at any time. Once mediation is requested,

you and the school district must both agree to participate in the process.

If you both agree to participate, the Ofﬁce for Exceptional Children will

give you choices of a mediator to direct the mediation meeting. If you

and the district are unable to agree on a mediator, the OEC will assign

one for you. The mediator cannot tell you how you must resolve the issue

involving your child’s special education. Rather, the mediator helps both

sides discuss the concerns involving your child and ﬁnd a solution.

If you decide to make a formal complaint or ask for a due process

hearing (see pages 17-25), the Ohio Department of Education will ask

you to think about mediation as a ﬁrst step. There is no cost to you or

the district for mediation.

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Overview of the Mediation Process

Request for

Select Mediato and
Schedule Meeting

r

Mediation Meeting

Agreement Reached

Agreement Not Reached
	
Mediation

You or the school district can ask the Ohio Department of Education for mediation at any time. If you ﬁle a complaint or ask for a due process hearing, the Department will offer mediation
as a ﬁrst step. Both you and the district must agree to use a mediator.

The mediator is a neutral third-party. You and the school district must agree upon a mediator. The mediator
will schedule a meeting as soon as possible. The Department pays for the mediator.
		
You and the school district each share your concerns.
The mediator helps you settle the dispute and come to a ﬁnal, written agreement. Generally, nothing that is said during the mediation can be shared outside the meeting or used in future
legal proceedings, unless an exception applies.
		
The written agreement is binding and both the parent and the school district sign it. Binding means that the parent and school must follow the agreement and
a court can enforce it.
		
If an agreement is not reached in mediation, and you ﬁled a state complaint, then the Ofﬁce for Exceptional Children will resolve the complaint. If an agreement is not reached in mediation and you ﬁled for due
process, then a due process hearing comes next.

A GUIDE TO PARENT RIGHTS IN SPECIAL EDUCATION I April 2017	15

The Mediator:

· Remains a neutral third-party (does not take sides or work for you or the district);

· Is not allowed to make decisions. Instead, the mediator helps you and the school district resolve the issue involving your child’s education;

· Works with you and the school district to decide on a written mediation agreement;

· Keeps the mediation meeting on track and helps to keep everyone respectful of the process;

· Keeps everyone focused on the student and the student’s needs;

· Helps open up conversation between you and the school district.

Key Points to Remember About Mediation

· Mediation is voluntary.

— Both the parent and the school district must agree to be part of the process. If the parent and the district agree to participate in mediation, this does not mean you have to agree with the district at the meeting or agree with how the meeting turns out.

· Mediation is conﬁdential.

— Everything said in the mediation meeting generally remains conﬁdential (private) and cannot be used later, unless an exception applies.

· Any written agreement made during mediation is generally binding. This means that both the parent and the school district have to follow the written agreement after the decision is mutually made.

— Any document that the parent and district sign about your child’s evaluation or IEP carries the same weight as documents they signed at any other IEP or evaluation team meeting.

To Request Mediation

Contact your school district’s special education director to see if the district is willing to participate in this process,

Lisa C. Ryan	440-801-5050 ext: 3223
_______________________________ at_________________________________. Once both parties agree to

participate in mediation, please contact the Ohio Department of Education’s Ofﬁce for Exceptional Children:

· By telephone: (614) 466-2650, or toll-free at (877) 644-6338; or

· By email at: exceptionalchildren@education.ohio.gov.

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Filing a State Complaint

Another option available to you, if you have a concern about your child’s special education, is to make a formal

state complaint in writing against the school district or other public agency and submit this complaint to the Ohio

Department of Education’s Ofﬁce for Exceptional Children.

There is No Cost to File a State Complaint

There is no cost to ﬁle a state complaint. The state complaint process generally gets the problem resolved faster

than a due process hearing and is less adversarial (or confrontational) than a due process hearing. To ﬁle a state

complaint, you must send your signed, written complaint (the original version) to the Ofﬁce for Exceptional Children,

and you must send a copy of the complaint directly to the school district.

Your complaint must include a statement of an alleged violation of federal or state special education requirements

(an alleged violation of the Individuals with Disabilities Education Act or the Ohio Operating Standards for the

Education of Children with Disabilities). The complaint does not need to include the name or citation of a speciﬁc

law, but it does need to state a speciﬁc action or inaction the district took that you believe to be in violation of a

special education requirement. Also, you must include facts in the complaint to support why you think your district

has violated the special education requirement.

State Complaints Review

The Ofﬁce for Exceptional Children will review and, if necessary, investigate a properly ﬁled complaint and determine

if the school district has violated a special education requirement related to your child’s education. Also, a third-

party – that is, a person other than you, or an agency or organization other than the school district – can ﬁle a state

complaint with the Department if it believes that the district has violated a special education requirement involving

a student.

A state complaint may be ﬁled with the Department any time within one year of the alleged special education

violation. Any complaint that alleges violations that occurred more than one year from the date the complaint was

ﬁled will not be investigated/resolved.

How to Make a Formal State Complaint

If you would like to make a formal state complaint regarding special

education, you must:

· Complete the state complaint form and send it to the Ohio Department of Education’s Ofﬁce for Exceptional Children; or

· Write a complaint letter; or

· Call the Department’s Ofﬁce for Exceptional Children staff at

1-877-644-6338 and request a complaint form, which you will ﬁll out and return to the Department.

A GUIDE TO PARENT RIGHTS IN SPECIAL EDUCATION I April 2017	17

Where to Send Your Complaint

Your complaint must be sent to both the Ohio Department of

Education’s Ofﬁce for Exceptional Children and to the school

district’s superintendent at the same time.

Send the original complaint to:

The Ohio Department of Education

Ofﬁce for Exceptional Children

Attn: Assistant Director of Dispute Resolution Section

25 South Front Street

Mail Stop 409

Columbus, Ohio 43215-4183

Abeyance

Abeyance means putting issues in state complaint on hold. If you and

the school district are involved in a due process hearing, and either you

or the district also ﬁle a state complaint on the same issues, the Ohio

Department of Education will put the state complaint on hold. In other

words, the Department will wait until the due process is over before

resolving your state complaint. If you withdraw your due process hearing

request, the Department will take the state complaint out of abeyance

and proceed with the resolution of your complaint.

If a due process hearing occurs and a decision by the impartial hearing

ofﬁcer (IHO) is made, then the Department will take the state complaint

out of abeyance to resolve it only if issues still remain in your complaint

that were not decided upon by the hearing ofﬁcer.

Checklist of Items You Must Include in a State Complaint

·A statement that the school

district has violated a federal

or state special education

requirement.

· A description of the problem,

including the facts on which you

are basing your complaint.

· Your contact information and

original signature.

· If you are alleging a special

education violation with respect

to a speciﬁc student:

— The name and address of the

residence of the student;

— The name of the school the

student is attending;

— In the case of a homeless

child or youth (as deﬁned

by the McKinney-Vento

Homeless Assistance Act),

available contact information

for the student and the

name of the school the

student is attending;

— A description of the nature of

the problem, including facts

related to the problem; and

— A proposed resolution of the

problem to the extent known

and available to the party at

the time the complaint

is ﬁled.

· The complaint must have your

original signature, so you cannot

fax or email the complaint.

· Anonymous complaints will not

be accepted.

A GUIDE TO PARENT RIGHTS IN SPECIAL EDUCATION I April 2017	18

State Complaint Process

When the Department receives your state complaint, so long as it is properly ﬁled, it will start reviewing it and, as

necessary, investigate the alleged violation(s) of special education requirements. The Ofﬁce for Exceptional Children

must resolve the complaint within 60 calendar days from the date it received your complaint.

As part of the complaint process, the Ofﬁce for Exceptional Children will:

· Review your complaint and decide if it has the authority to resolve the allegations in your complaint;

· Tell both you and the school district in writing of the allegations that it will resolve, including an investigation (if necessary);

· Offer mediation or facilitation to both you and the district as an alternative way of resolving the complaint;

· Ask for more information it may need from you and the district about the allegations in your complaint;

· Review additional documents and information provided by you and the district, conduct telephone interviews and visit your child’s district, as it determines necessary;

· Offer your district the chance to respond to your complaint and offer a resolution; and

· Write a letter informing both you and the district of its decision about whether a special education violation has occurred (after concluding its review and investigation, if necessary, and no more than 60 calendar days from the date it received your complaint).

Timeline Extensions

The Department can have more than 60 days to resolve the complaint and issue the letter with its decision, if there is a

time extension. An extension of the 60-day timeline to resolve the state complaint can be made when:

· You and the school district agree for more time so you both can try to resolve the problem through mediation, facilitation or some other means of alternative dispute resolution; or when

· There are exceptional circumstances (determined by the Ofﬁce for Exceptional Children on a case-by-case basis).

Improper Filing

If the Ofﬁce for Exceptional Children determines that you have not properly ﬁled a state complaint because you

did not include all of the necessary information about the issue that you want to have resolved, or if the Ofﬁce for

Exceptional Children does not have authority to investigate the complaint, the Ofﬁce for Exceptional Children will send

you a letter that explains: why it is not moving forward with resolving your complaint, the reason for this decision and,

if applicable, information that you need to include in a new complaint for it to be considered properly ﬁled.

Resubmitting the Complaint

If you have to resubmit the complaint with new information, make sure to send the complaint to the Ohio

Department of Education and the school district within one year of when the alleged special education violation

occurred. If you have included issues in your complaint that the Department does not have authority to resolve, it will

refer you to resources to address these issues, as appropriate.

A GUIDE TO PARENT RIGHTS IN SPECIAL EDUCATION I April 2017	19

State Complaint Process: Timeline and Key Steps

Fili Com

· Complaint ﬁled within a year of the alleged violation.

ng a	· Parent provides original to the Ohio Department of plaint               Education and a copy to the district.
· Complaint alleges violations of special education requirements with supporting facts.

	
	
Ohio Department of Education Reviews Complaint
			
The Department sends an acknowledgement letter to the individual who ﬁled the complaint and the school district.
The Ohio Department of Education sends an insuficiency letter if the complaint is not properly ﬁled, or if the Department does not have the authority to resolve it.

						

	

Resolution
			
The Department reviews all documents and requests additional documentation/information as needed.
The Department interviews the appropriate individuals, as needed.

						

	
The Department Sends a Letter
of Findings
			
The Department makes determinations about each allegation and whether there is a special education violation.
The Department issues corrective actions where the district has been found to be in violation.

						

A GUIDE TO PARENT RIGHTS IN SPECIAL EDUCATION I April 2017	20

Filing a Due Process Complaint

One way parents can resolve certain concerns about their child’s special education with their school district is to

submit a request for a due process hearing directly to the district, while forwarding a copy to the Ohio Department of

Education. When you do this, you have ﬁled a due process complaint (also called a due process request). There are

others who can ﬁle a due process complaint:

· Student, if at least 18 years old;

· School district; or

· Other public education agencies.

Reasons to File

A due process complaint may be ﬁled for concerns involving the following

areas of your child’s special education:

· Identiﬁcation of a child with a disability;

· Evaluation of a child with a disability;

· Educational placement of a child with a disability; or

· The delivery of a free appropriate public education (FAPE) to your child.

The due process complaint must allege that federal or state special education requirements have been violated and

must be ﬁled within two years of the date the parent (or public education agency ﬁling the complaint) knew or should

have known about the alleged special education violation at issue. Whenever the Ohio Department of Education

receives a due process hearing complaint, the parents and school district involved must have the chance to participate

in a due process hearing. The due process hearing is a formal proceeding in which an impartial hearing ofﬁcer is

assigned by the Department to conduct a hearing to resolve the due process complaint.

Information to Include

The Department provides a form that can be used to request a due process hearing. The person or public education

agency submitting the request does not have to use the Department’s form, but that person or organization must still

include this required information when submitting a due process complaint:

1. The student’s name;

2. The student’s address or contact information;

3. The name of the school district;

4. If your child is homeless, available contact information for your child and the name of the school your child is attending;

5. A description of the speciﬁc problem concerning your child, as well as facts about the problem; and

6. Ideas or suggestions to solve the problem.

The due process complaint must contain the same, detailed information as a state complaint (see page 18), however an

original signature is not required. It can be delivered to the school district and the Department in person, by mail, fax

or email. Issues that are not included in your original due process complaint will not be reviewed by the hearing ofﬁcer

during the due process hearing.

A GUIDE TO PARENT RIGHTS IN SPECIAL EDUCATION I April 2017	21

Amending a Due Process Complaint

Amending a due process complaint is updating the complaint after it has already been submitted to the Ohio

Department of Education. You can amend your due process complaint only if:

· The other party agrees to the amended due process complaint, in writing, and is given the opportunity to resolve the complaint through a resolution meeting (resolution meeting is described on page 23); or

· The impartial hearing ofﬁcer gives permission. The hearing ofﬁcer may give such permission up to ﬁve days before a due process hearing begins, but not after that.

Due Process Timelines and Process

If you ﬁle a due process complaint against your child’s school district, within 10 calendar days of receiving your due

process complaint, the district must give you prior written notice or a response regarding the alleged special education

violation, unless the district has already given such a notice (see page 9). The prior written notice that the district gives

you must include:

· A description of the action that your request or complaint is about. This could be an action the district wanted to take or an action it refused to take. The district also must explain in its response why the school wanted to take the action or refused to take the action;

· A description of all methods it used to evaluate your child, records about your child and reports the district used to make its decision to take the action or not take the action;

· A description of other choices the IEP team considered for your child and the reason(s) why it rejected those choices; and

· A description of other factors that were relevant to the district’s decision to take or not take an action.

The school district also must give you information about free or low-cost legal help and other relevant services you

could get.

If a due process complaint is ﬁled against you as the parent, you must respond to the complaint within 10 calendar days.

Your response must speciﬁcally address the issues raised in the due process complaint.

Sufﬁciency

The due process complaint will be considered sufﬁcient (meaning that it was properly ﬁled) unless the other party

notiﬁes both the impartial hearing ofﬁcer and the party who submitted the complaint alleging that it does not meet

ﬁling requirements (i.e., that it is insufﬁcient). The other party must challenge the sufﬁciency of the due process

complaint, in writing, within 15 calendar days of when the due process complaint was received.

For example, if you submit a due process complaint to your district (and forward a copy to the Ohio Department of

Education), it will be considered sufﬁcient unless the district notiﬁes the hearing ofﬁcer, in writing and within 15 days

pass, that it does not think your request has been properly ﬁled. Then, the hearing ofﬁcer has ﬁve calendar days from

when he or she receives your district’s written notice to decide if your due process complaint is sufﬁcient (that it meets

the due process complaint requirements identiﬁed on page 21). The hearing ofﬁcer also must send his or her decision to

you and the district, in writing, within 15 days.

If the hearing ofﬁcer decides that your due process complaint is insufﬁcient, you have the option to either

re-ﬁle a new due process complaint or amend the original due process complaint, as long as the district consents and

has a chance to resolve the situation through a resolution meeting or the hearing ofﬁcer grants permission no later than

ﬁve days before the start of the hearing.

If you do properly amend your due process complaint, then the 30-day resolution period (see page 23)

begins when you ﬁle the amended complaint.

A GUIDE TO PARENT RIGHTS IN SPECIAL EDUCATION I April 2017	22

Due Process Resolution

Resolution Period

The resolution period is the time period between ﬁling a due process complaint and the actual due process hearing.

The resolution period involves a resolution meeting which provides an opportunity, once more, to resolve the special

education dispute before the hearing ofﬁcially begins. If you ﬁle a due process complaint but then fail to participate in

the resolution process, this will delay the start of the due process timelines (more on the timelines below).

The resolution period is 30 days from the date the due process complaint was ﬁled (or from the date the complaint was

properly amended). If the school district has not resolved the due process complaint to your satisfaction by the time

30 days have passed, the due process hearing may proceed. Once the 30-day resolution period ends, there is a 45-day

timeline for the due process hearing and for the impartial hearing ofﬁcer to make a decision (see page 24), unless you

and the district have agreed to mediation that goes past the 30 days. Also note that the 30-day resolution period could

end early if, during those 30 days, you and the district agree in writing that no agreement is possible.

During the 30-day resolution period, and within the ﬁrst 15 calendar days of receiving the due process complaint,

the school district must schedule a resolution meeting. If the district does not hold the resolution meeting within

15 calendar days or does not participate in the resolution meeting, you may request for the hearing ofﬁcer to begin

the 45-day due process hearing timeline. The district is not required to schedule a resolution meeting if it ﬁled the

due process complaint.

Resolution Meeting

The purpose of the resolution meeting is to give you an opportunity to discuss the problems in the complaint

and for the school district to have the chance to work with you towards a resolution. The responsibility is on the

district to call the resolution meeting, and you are required to participate. If you do not participate in the resolution

meeting and the district documents your lack of participation, the district can ask the hearing ofﬁcer to dismiss

your due process complaint at the end of the 30-day period.

You and the school district decide which members of the IEP team should attend the resolution meeting. This

meeting must include the school district representative who has authority to make decisions for the district.

The district’s lawyer will not attend this meeting unless you choose to have your lawyer there. This meeting is a

required step in the resolution process unless you and the district agree in writing to waive the resolution meeting

or you and the district agree to use mediation in place of the resolution meeting. You and the district are permitted

to mediate past the 30-day resolution period if you both agree to do so. This will prevent the 45-day due process

hearing and decision timeline from starting.

If you and the district solve your dispute at the resolution meeting, you both must sign a legally binding agreement that:

· Sets forth what will now happen in writing;

· Is signed by both you and a district representative; and

· A court can enforce.

Legally binding means that if you or the school district do not stick to the agreement, a court can require either

you or the district to do so.

If either you or the school district decide not to agree, after signing the agreement, either of you can cancel the

agreement within three business days of signing it.

If you and the school district have reached an agreement about the due process complaint before the 30-day

resolution period is over, the complaint will be closed and there will be no due process hearing conducted.

A GUIDE TO PARENT RIGHTS IN SPECIAL EDUCATION I April 2017	23

The Hearing Process

A due process hearing must be scheduled and conducted at a location

and time that are reasonably convenient for you and the school district.

The impartial hearing ofﬁcer will contact you and the district at the same

time whenever communication is needed during the hearing process. In

other words, all contact between the impartial hearing ofﬁcer, you and the

district will happen together and not separately.

The 45-day due process hearing timeline (and for the impartial hearing

ofﬁcer to make a decision) begins after the 30-day resolution period ends

or after one of these happens:

· You and the district agree in writing to waive (not to have) the resolution meeting; or

· Once you begin discussing the issues in a resolution meeting or mediation meeting, you and the district agree in writing that no agreement is possible; or

· You and the district agree in writing to go beyond the 30-day resolution period so you can continue to mediate, and then either you or the district withdraw from the mediation process.

Unless the impartial hearing ofﬁcer agrees to give more time (or in other

words, grants an extension), at the request of one of the parties within the

45-day hearing timeline, the following will take place:

· The hearing must be held;

· A hearing decision must be reached; and

· A copy of the decision must be sent by certiﬁed mail to both you and the school district, as well as to the Ohio Department
of Education.

At least ﬁve days before the due process hearing, you and the school

district must participate in a disclosure conference. This is a conversation

to make sure that both you and the district have the information that will

be presented at the hearing.

Due Process Hearings are Conducted by an Impartial Hearing Ofﬁcer

When a due process complaint

cannot be resolved, it will lead

to a formal hearing conducted

by an impartial hearing oficer.

The hearing oficer must be an

attorney who has been trained

by the Ohio Department of

Education to conduct due

process hearings.

The school district pays the cost

of the hearing oficer, however

this individual is a neutral,

third party. He or she is not

employed by a school district or

other public agency involved in

education and may not have a

personal or professional interest

that would favor one party over

the other.

Additionally, the hearing

oficer is well acquainted with

special education requirements,

including IDEA, federal and

state laws and regulations and

how courts interpret special

education cases.

After the hearing, the hearing

oficer will write a decision

according to standard legal

practice. Your district or the

Ohio Department of Education

can provide a list of hearing

oficers and their qualiﬁcations,

or you can ﬁnd the list by

visiting education.ohio.gov, and

search keywords, due process

hearing ofﬁcers.

A GUIDE TO PARENT RIGHTS IN SPECIAL EDUCATION I April 2017	24

Hearing Rights

In a due process hearing, you have the right to:

· Have your child who is the subject of the hearing present;

· Request that the hearing be open to the public;

· Have your lawyer or people with special knowledge of children with disabilities be with you and advise you;

· Present evidence (proof), confront and cross-examine (question) witnesses and require the attendance of witnesses (again, the hearing will address only the issues you raised in your due process complaint, unless the district agrees to let you raise new issues);

· Forbid any evidence being introduced that has not been shown to you at least ﬁve business days before the hearing; and

· At no cost to you, receive a word-for-word written, or if you prefer electronic, record of the hearing, and any records of ﬁndings and decisions.

If You Are Accompanied by Any Advocates Who Are Not Lawyers

If you are accompanied by any advocates who are not lawyers, these individuals are not entitled to receive

attorney’s (lawyer’s) fees (or any fees for their services) from the other party. The advocate cannot practice law

at the hearing and the advocate’s involvement may be limited during the proceeding.

Expedited Due Process Complaints and Timeline

An expedited due process hearing is a hearing with faster timelines that facilitate faster resolution of certain special

education disputes. Either you or the district can submit a request for an expedited due process hearing in these situations

only if:

1. You disagree with a school district’s decision about your child’s educational placement (program or services), and this was the result of the school disciplining your child; or

2. You disagree with the results of a manifestation determination; or

3. The school district believes your child’s current educational placement (program or services) is substantially

likely to result in injury to your child or others.

The expedited due process complaint timeline includes a resolution period of 15 calendar days and a hearing timeline

of 20 school days. The school district must schedule a resolution meeting within seven calendar days of receiving a due

process complaint. After an expedited due process hearing ends, the hearing ofﬁcer has 10 school days to write a ﬁnal

decision and provide it to you and the district. No extra time will be added during an expedited due process complaint.

A GUIDE TO PARENT RIGHTS IN SPECIAL EDUCATION I April 2017	25

Appealing a Decision

The decision made by the impartial hearing ofﬁcer at the conclusion of the due process hearing is ﬁnal unless the aggrieved party submits an appeal directly with the Ohio Department of Education within 45 days of getting the decision. An aggrieved party is either the parent or the district when the hearing ofﬁcer’s decision is unfavorable to the party (which means that the party did not prevail).

How to Appeal the Hearing Ofﬁcer’s Decisions

To appeal the hearing ofﬁcer’s decision, you must send a copy of your appeal in writing to the Department and

a copy of the appeal to the superintendent of your school district. The Department will name a state-level review ofﬁcer (review ofﬁcer) to conduct an impartial review of the due process decision. The Ohio Department of Education will pay for the review ofﬁcer. The review ofﬁcer will examine the records of the entire due process hearing. In addition, the review ofﬁcer will make sure the hearing followed the due process requirements and seek additional evidence as determined necessary. The review ofﬁcer can request oral or written arguments from you and the school district. If the review ofﬁcer conducts a hearing to consider oral arguments, all the hearing rights (see page 25) that are afforded to you in a due process hearing are likewise afforded to you during the hearing.

To Request an Appeal of the Impartial Hearing Ofﬁcer’s Decision

You may object to the decision of the impartial hearing ofﬁcer (appeal) in writing within 45 calendar days

of receiving the decision. Send your appeal to:

Ohio Department of Education Ofﬁce for Exceptional Children Dispute Resolution Section
25 South Front Street Mail Stop 409 Columbus, Ohio 43215

For additional assistance, please call the Ohio Department of Education Ofﬁce for Exceptional Children at

(614) 466-2650, or toll-free at (877) 644-6338.

Timeline/Extensions

Within 30 days after the Department receives your request for a state-level review, the review ofﬁcer will issue a decision, unless he or she grants an extension, which can be requested by either the parent or the district (however, note that time extensions cannot be granted during an appeal from an expedited due process hearing). You may also request electronic or written copies or word-for-word electronic records of the review ofﬁcer’s ﬁndings and decision.

Appealing to a Federal or State Court

The state-level review decision is ﬁnal unless it is appealed to a federal or state court. The party aggrieved (that does not prevail) by a review ofﬁcer’s decision has the right to ﬁle a lawsuit in a federal district court within 90 days from the date of the review ofﬁcer’s decision or in the court of common pleas of the county in which your child’s school district of residence is located within 45 days of receiving notice of the review ofﬁcer’s decision. The court will review the records, hear more evidence at the request of the parties and then make a ﬁnal decision based on the records and the evidence presented. You must pay the court costs for an appeal you ﬁle in court but, if you prevail, you may be entitled to court fees and attorney fees (see page 28) at the discretion of the court.

A GUIDE TO PARENT RIGHTS IN SPECIAL EDUCATION I April 2017	26

Child’s Status During Due Process

· Your child must remain or stay put in the current educational placement while a due process complaint is in progress, unless you and the school district agree that your child’s educational placement can change.

· Your child’s current educational placement is the one described in his or her most recently implemented IEP.

· If your child has been placed in an interim alternative educational setting (IAES – a temporary learning setting outside of the school) because of discipline by the school district, your child stays in that educational setting until the hearing ofﬁcer makes a decision or until the district’s discipline of your child ends, whichever happens ﬁrst;

· If the due process complaint involves admission to the district, your child, with your permission, must be placed in the district until due process is completed.

· If the due process complaint involves the application to begin services under the school age part of the law because your child has turned 3 years old and is no longer eligible for services under the early intervention part of the law, the school district is not required to provide the early interventional services that your child has not been receiving.

· If your child is found eligible for special education services and the parent consents to the initial provision of services, then the school district must provide those services that are not in dispute between the parent and the district.

· If the review ofﬁcer agrees with your child’s parents that a change of placement is appropriate, the placement must be treated as an agreement between the state and the parents for purposes of stay put.

A GUIDE TO PARENT RIGHTS IN SPECIAL EDUCATION I April 2017	27

Attorney’s Fees

You may choose to hire an attorney (lawyer) at any time to represent you in due process (or proceedings on appeal

of a due process decision), but you must pay your own legal costs. If you choose to hire an attorney and you prevail

(receive a favorable decision) in any action or proceeding related to your due process hearing (making you the

prevailing party), the court can order the district to pay you reasonable attorney’s fees.

If the District Prevails

If the district prevails, the court can order you to pay the reasonable attorney’s fees of the district. The court may

order you or your attorney to pay the attorney’s fees of the Ohio Department of Education or your school district if

they prevail and the court decides any of the following:

· That the action was frivolous, unreasonable or without foundation;

· That you continued to bring legal action after the action clearly became frivolous, unreasonable or without foundation; or

· That the action was brought for an improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of legal fees.

If the Court Orders Legal Fees to be Repaid to You or the District

If the court orders legal fees to be repaid to you or to the district, the court will decide the amount that is reasonable.

Attorney’s fees must be based on typical rates in the community where the action or proceeding was brought and

on the type and quality of services provided. There are certain limits on the court’s ability to award attorney’s fees.

A court cannot award attorney’s fees in these instances:

· Where the district makes a written offer to settle the dispute within 10 days of the proceeding, you do not accept the offer within the 10 days, and the ruling in the case is less favorable to you than the proposed settlement the district offered;

— However, a court may award fees to you if you prevail in the action and the court decides that you were substantially justiﬁed (had a good reason) not to accept the district’s settlement offer;

· For your lawyer’s participation in an IEP meeting unless that meeting is called as a result of an administrative hearing or court action; and

· For your lawyer’s participation in a resolution meeting.

Reducing Attorney’s Fees

The court may also reduce an award of attorney’s fees if:

· During the course of the proceeding, you or your lawyer unreasonably delayed the ﬁnal solution to the dispute;

· The amount of your attorney’s fees is unreasonably higher than the hourly rate that is the prevailing rate in the community for similar services by attorneys of reasonable comparable skill, reputation and experience;

· The time spent and legal services you received were excessive (too much) given the nature of the action or proceeding;

· Your lawyer did not provide appropriate information to the school district in your complaint notice.

None of the above apply if the court ﬁnds that the state or school district unreasonably delayed the ﬁnal resolution

of the action or proceeding or otherwise violated the IDEA’s procedural safeguards.

A GUIDE TO PARENT RIGHTS IN SPECIAL EDUCATION I April 2017	28

Discipline

Disciplinary Procedures for Children with Disabilities

In some cases, your school district may have to continue providing special education services to your child with a

disability, even after the district has suspended, expelled or otherwise removed your child from his or her current

educational placement (refer to your child’s IEP for more information on his or her current educational placement).

Educational Placement and Alternatives

If your child is removed from his or her current educational placement for violating school district rules for fewer

than 10 consecutive school days, the district does not have to provide your child special education services during

that time. If your child is removed from school for more than 10 consecutive school days, the school must continue to

provide your child with special education services, even if it is in another educational setting (for example, another

classroom, building, or at the student’s home).

If the school district removes your child from his/her current placement for more than 10 consecutive school days in

the same school year, it is considered a change of your child’s educational placement.

If the school district has removed your child from his or her current educational placement on separate occasions (a

series of removals) that add up to more than 10 days in a school year, the district must determine if those removals

constitute a change of your child’s educational placement. In making this determination, the district must consider the

following factors:

· Length of each time your child was removed;

· Total amount of time your child was removed;

· How close together the removals were; and

· Similarity of your child’s behavior to his or her behavior in prior incidents in which your child was removed.

When changing a child’s educational placement because your child did not follow school rules, the school district,

parent and appropriate members of the IEP team must meet to make a manifestation determination review. The

purpose of the manifestation determination review is to determine if your child’s behavior was caused by or had a

direct and substantial relationship to your child’s disability.

A GUIDE TO PARENT RIGHTS IN SPECIAL EDUCATION I April 2017	29

Manifestation Determination

Before changing your child’s educational placement for disciplinary

reasons, the school district must take certain steps to protect your child’s

rights. One step is to hold a manifestation determination review meeting.

This is a meeting to determine if your child’s behavior was caused by or

had a direct and substantial relationship to your child’s disability. In other

words, was your child’s behavior caused by his or her disability? The

student’s IEP team will determine whether or not your child’s behavior was

caused by the disability within 10 school days of any decision to change

the educational placement.

Please Note

Your child is subject to the

same rules and discipline as

any student at the school and

will continue to receive services

described in the IEP, but maybe

not in the same placement.

The Manifestation Determination Review Meeting

At the manifestation determination review meeting, you and the other members of the IEP team review relevant

information including your child’s IEP, teacher observations and any related information provided.

If the behavior is a manifestation of your child’s disability, your child will be returned to the placement from which he

or she was removed, unless the IEP team agrees to a change of placement.

If your child’s behavior is found to be a manifestation of the disability, the IEP team must:

1. Start a functional behavioral assessment within 10 days and complete it as soon as possible. A functional behavioral assessment is a review of your child’s behavior which is used to determine what, in your child’s environment, triggers inappropriate behavior, as well as which replacement behaviors need to be taught so your child will receive positive results and feedback; and

2. Begin a behavioral intervention plan for your child if the functional behavioral assessment has already been completed and is related to the discipline at hand. (A behavioral intervention plan addresses the behaviors that are not appropriate for school and speciﬁc ways the school will try to reduce them.); or

3. If a behavioral intervention plan already exists, review the plan and make any needed changes within 10 days.

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Interim Alternative (Temporary and Different) Educational Setting

The decision to place your child in an interim alternative educational setting

(IAES) is made by your child’s IEP team. An IAES is a temporary, different

placement for your child to receive special education. On the date the

IEP team makes the decision to change your child’s placement to an IAES

because your child has violated a school rule, the school district must

notify you of the decision and give you this Guide to Parent Rights in

Special Education.

Even if your child’s behavior was caused by your child’s disability, the district

may remove your child to an IAES for up to 45 school days if your child has:

· Carried a weapon;

· Knowingly possessed or used illegal drugs, or sold or tried to buy or sell a controlled substance (for example, narcotics); or

· Inﬂicted serious bodily injury on another person.

This generally applies whether your child acted out the behavior on his or

her way to school, at school or at a school function.

If your child’s behavior was not directly caused by your child’s disability,

your child can be placed in an IAES for the same amount of time that a

child without a disability would be disciplined.

If your child’s behavior was directly related to or caused by your child’s

disability and your child violated school rules, your child must be returned

to the education setting from which he or she was removed, unless you and

the school district agree to a change of placement as part of the change in

the behavioral intervention plan or IEP.

However, if the district believes that keeping your child in his or her current

educational placement (according to your child’s IEP) is very likely to result

in injury to your child or others, the school district may call an IEP meeting

to discuss this concern. If you and the district disagree about the change of

placement, the district may ask for an expedited due process hearing – in

other words, it may ask for a due process hearing that will be fast-tracked

for a quicker resolution (See expedited due process on page 25).

If You Do Not Agree with a Change of Educational Placement or

Manifestation Determination Review Hearing Finding

You can request an expedited due process hearing to challenge a decision to

change your child’s current educational setting due to discipline or to challenge

the ﬁndings of a manifestation determination review. (See due process

information on pages 24 – 25). The impartial hearing ofﬁcer will decide during

the expedited due process hearing if the school district followed requirements

when it changed your child’s placement or if the district has shown that your

child’s behavior was or was not a manifestation of your child’s disability.

When Your Child’s Behavior is Due to a Suspected Disability

If your child does not have an IEP, you may ask the school to treat your child as a child with a disability if any of these things happened before your child violated a school rule:

· You told school leaders or your child’s teacher, in writing, that you think your child may need special education services; or

· You requested an evaluation for your child; or

· Your child’s teacher or other school district staff member told the district director of special education or other management staff directly of speciﬁc concerns about your child’s pattern of behavior.

Your school district would not be expected to treat your child as a child with a disability if you have refused to give the district
permission to evaluate your child for special education. This is
also true if you refused special education and related services for your child or if your child was evaluated and the team decided
your child did not have a disability. The district can discipline your child in the same manner it
would discipline students without disabilities who behave in the
same ways.

As noted above, the school district may request an expedited due process hearing

if the district believes that continuing your child’s placement is very likely to result in

injury to your child or others. (See expedited due process on page 25).

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Unilateral Placement of Children with Disabilities by Parents in a Private School at Public Expense

Reimbursement Determination Process

If you choose to place your child in a private school, your district does not have to pay for the cost of education

or special education and related services at the private school as long as the district has offered your child a

free appropriate public education (FAPE) in the district. If you believe that your district failed to provide your

child with FAPE, you have the option to ﬁle a due process complaint where a hearing will be conducted and an

impartial hearing ofﬁcer will issue a decision as to whether the district offered FAPE to your child (See due process

information on pages 21-27). If it is determined by an impartial hearing ofﬁcer during due process that your district

did not provide FAPE, the hearing ofﬁcer can decide you have a right to be reimbursed (paid back) for your cost of

enrolling your child at a private school.

Reduction or Forfeiture of Reimbursement

How much the district may be required to reimburse you may be reduced or you may forfeit reimbursement

altogether if any of the following occur:

· At the IEP meeting that occurred before you removed your child from the school, you did not tell the school that you were not going to accept the educational placement proposed by the IEP team and tell them about your concerns, and that you planned to enroll your child in a private school; or

· You did not tell the school in writing at least 10 business days before withdrawing your child from the district that you are not accepting the IEP and you plan to enroll your child in a private school. These 10 business days include holidays that fall on weekdays; or

· If before removing your child from the school, the district gave you proper written notice that it planned to evaluate your child, and you did not make your child available for the evaluation; or

· A court determines that you acted unreasonably.

Protection of Reimbursement

The reimbursement (amount you are to be paid back) cannot be

reduced, or repayment cannot be denied to you if:

· The district prevented you from providing notice;

· The district did not tell you that you were required to provide notice; or

· Providing the notice could result in physical harm to your child.

Also, a court or hearing ofﬁcer may ﬁnd that the cost of reimbursement

may not be reduced or denied to you for failure to provide this notice if:

· You cannot read or write in English; or

· Providing the notice could result in serious emotional harm to your child.

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Parent Notiﬁcation of Scholarship Programs for Students with Disabilities

When Notification Happens

Each time a school district completes an evaluation for a child with a disability, or begins developing, reviewing

or revising a child’s IEP, the district must tell your child’s parent about the Autism Scholarship Program and the

Jon Peterson Scholarship Program.

Autism Scholarship Program

If your child is receiving special education services under the category of autism, you may qualify for the Autism

Scholarship Program. Under the program, you may choose to send your child to a special education program other than

the one operated by your school district of residence, where your child will receive the education and services outlined in

his or her IEP.

To be eligible for the program, your child must:

· Have been found by your school district of residence to be a child with autism;

· Must have a current IEP from the school district of residence that you agree with and that has been ﬁnalized; and

· Must be at least three years old.

For information on the Autism Scholarship Program, visit the Ohio Department of Education website at education.ohio.gov

and type Autism Scholarship Program in the search box, or email autismscholarship@education.ohio.gov.

Jon Peterson Special Needs Scholarship Program

If your child is receiving special education services, you may qualify for the Jon Peterson Special Needs Program. Under

this program, you may choose to send your child to a special education program other than the one operated by your

school district of residence, where your child will receive the education and services outlined in his or her IEP.

To qualify for a Jon Peterson Special Needs Scholarship, your child:

· Must have been found by your local school district of residence to be a child with a disability;

· Must have a current IEP from the school district of residence that you agree with and that has been ﬁnalized; and

· Must qualify to attend kindergarten through grade 12.

For information on the Jon Peterson Special Needs Scholarship Program, visit the Ohio Department of

Education website at education.ohio.gov and type Jon Peterson Scholarship in the search box, or email

peterson.scholarship@education.ohio.gov.

Additional Information

Information on scholarship programs is available on the Ohio Department of Education website

at education.ohio.gov.

For more information or questions on these scholarship programs, contact:

The Ofﬁce of Nonpublic Educational Options at (614) 466-5743 or toll-free at: (877) 644-6338.

A GUIDE TO PARENT RIGHTS IN SPECIAL EDUCATION I April 2017	33

			

education.ohio.gov