Building for Success:
Parental Rights
and Conflict Resolution
Illinois Statewide Technical Assistance Center for Parents
An Illinois State Board of Education system of support
877-317-2733
www.pepartnership.org
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After this training you will be able to represent your child’s
interest through an understanding of:
1) The Illinois Education Support System.
2) Your rights to be an equal partner in your child’s
education.
3) Achieving consensus at the IEP meeting and
available methods for dispute resolutions when
agreement is not reached.
Today’s Objectives
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Individuals with Disabilities Education Act
IDEA defines “special education” as:
specially designed instruction
at no cost to parents,
to meet the unique needs of a child with a disability, including-
A) instruction conducted in the classroom, in the home, in
hospitals and institutions, and in other settings; and
B) instruction in physical education.
Special Education Is
20 U.S.C. 1401 (29)
Closer look at IDEA
The Individuals with Disabilities Act (IDEA)
is a law ensuring services to children with
disabilities throughout the Nation. IDEA
governs how states and public agencies
provide early intervention, special education
and related services to eligible infants,
toddlers, children and youth with disabilities.
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Illinois Support Structure
www.is-tac.org
The Parent Mentor
Project Grant
The Parent Liaison
Program
www.isbe.org
www.pepartnership.org
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The ISTAC-Parents/Parent & Educator Partnership
provides parent-to-parent guidance by providing:
Support, training, and parent leadership development
The Parent Mentor Project
The Parent Liaison Program
Development of School, Family, and Community Partnership
Lending library
Online resource search
Quarterly e-Newsletter
Toll-free number, 877-317-2733
Website: www.pepartnership.org
About Us: ISTAC-P
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The Parent Mentor Project
An initiative of the Illinois State Board of Education (ISBE), which is grant funded.
Assists parents of children with disabilities, in partnership with local school district personnel, to effectively navigate the educational system.
Each local parent mentor grant site is a collaboration among agencies, such as, school districts or special education cooperatives and not-for-profit parent or disability groups.
Facilitator, not an Advocate.
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The Parent Liaison Program
An initiative of the Illinois State Board of Education (ISBE), which is not grant funded.
Liaison is a parent of a participating child (either IDEA or Title I).
Assists parents of school-age children in partnership with local school district personnel, to effectively navigate the educational system.
Serves as a connection between families and education personnel to foster positive parent and professional teamwork, providing a family perspective.
Facilitator, not an Advocate.
Mentors and Liaisons Services
Provide resources
(websites, books, etc…)
Assistance with IEP
meeting preparation
Able to attend IEP Team
meetings as requested
Help parents navigate the
special education process
Consultations
Provide Trainings
on IDEA
Collaborate with support
services
Promotes parent and
educator partnership
through collaboration
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“When schools and families work together, a partnership
of support for children develops. Education becomes a
shared venture, characterized by mutual respect and
trust in which the importance and influence of each
partner is recognized. Although children, families,
teachers, and schools benefit individually, their
partnerships enhance the entire process of education.”
Rebecca Crawford Burns “Parent Involvement: Promises, Problems, and Solutions”
Research tells us…
Parents as Equal Partners
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IDEA Part A, 20 U.S.C. 1400 (c)(5)(B) states:
“Almost 30 years of research and experience has
demonstrated that the education of children with
disabilities can be made more effective by…
strengthening the role and responsibility of parents
and ensuring that families of such children have
meaningful opportunities to participate in the
education of their children at school and at
home.…”
IDEA Supports
Parent Participation
It is evident that a bedrock principle of IDEA is the parent’s right to participate in all decisions regarding their child’s educational program.
IDEA enumerates in great detail all that schools must do to foster parent participation in special education programming for their child.
This is the reason why Congress granted to parents all of the rights and procedural safeguards described earlier (I.e. notice, consent, confidentiality, access to records, ability to participate in meetings)
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Parents are…
IDEA defines “parent” as:
a natural, adoptive, or foster parent;
a guardian;
an individual who acts in the place of a parent, with
whom the child lives, or an individual who is legally
responsible for the child’s welfare; or
a surrogate parent ** 20 U.S.C. 1401(23)
** Subject to certain exceptions
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Parents are Entitled to…
Request an Initial Evaluation. 20 U.S.C. 1414(a)(1)(B)
Provide Informed Consent. 20 U.S.C. 1414(a)(C)(D)
Participate meaningfully in meetings. 20 U.S.C. 1415(b)(1)
Confidentiality and access to all educational records. 20 U.S.C. 1417(c)
Obtain an Independent Educational Evaluation (IEE). 20 U.S.C. 1415(b)(1)
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ISBE Parent’s Guide
Educational Rights & Responsibilities:
Understanding Special Education in Illinois
Contains sample letters that can be used when facing
situations described in this workshop.
Letters are simply suggestions for the reader and should be
modified as needed.
http://www.isbe.state.il.us/SPEC-ED/html/parent_rights.htm
Table of Contents- scroll down to Appendix A
Note type of letter you would like to write, click on
Appendix A: Sample Letters for Parents
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Requesting an Initial Evaluation
IDEA States: Each school district must conduct a comprehensive and individualized
initial evaluation prior to providing special education and related
services to a child with a disability. 34 CFR 300.301(a); 23 Ill. Adm. Code 226.110
A parent may initiate the request for an initial evaluation (a.k.a. “make a
referral”) to determine if his/her child is eligible for special education
and related services. 34 CFR 300.301(b); 23 Ill. Adm. Code 226.110(b)
A parent must be permitted to participate in the determination of
whether his/her child is eligible for special education and related
services, as well as the educational needs of the child. 34 CFR 300.306(a)(1)
The school district must provide the parent with a copy of the
evaluation report and the documentation of eligibility determination, at
no cost to the parent. 20 U.S.C. 1414(b)(4)(B); 34 CFR 300.306(a)(2); 23 Ill. Adm. Code 226.110(f)
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What is Consent?
Providing Informed Consent
What is “consent”?
When the parent has been fully informed of all
relevant information related to the matter or
activity in question.
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Providing Informed Consent
When must the school district obtain a parent’s
informed consent?
Prior to conducting the initial evaluation for eligibility
for special education and related services. 20 U.S.C. 1414(a)(1)(D)(i)(I); 34 CFR 300.300(a)(1)(i)
Prior to the initial provision of special education and
related services to the child. 20 U.S.C. 1414(a)(1)(D)(i)(II); 34 CFR 300.300(b)(1)
Prior to conducting any reevaluation of the child. 20 USC 1414(c)(3); 34 CFR 300.300(c)(1)(i)
Prior to disclosing personally identifiable information
to unauthorized parties. 34 CFR 300.622(a)
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Providing Informed Consent
Parental consent for the initial evaluation must not be
regarded as consent for placement for initial provision of
special education and related services. 20 U.S.C. 1414(a)(1)(D)(i)(I) ; 34 CFR 300.300(a)(1)(ii)
The school need not obtain parental consent prior to
reviewing existing data as a part of an evaluation or
reevaluation, or prior to administering a test or evaluation
that is administered to all children unless, before
administration of that test or evaluation, consent is
required of parents of all children.34 CFR 300.300(d)
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Parent Participation
IDEA states:
Pursuant to IDEA,
the child’s parents are members
of the child’s IEP Team.20 U.S.C. 1414(d)(1)(B)(i)
Therefore, schools must take several actions, in
an attempt to ensure that the child’s parent(s)
are present and able to participate at each IEP
Meeting. 34 CFR 300.322
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Meaningful Parent
Participation: IEP Meetings
Schools must: Provide parents with sufficient notice of the date of the meeting.
34 CFR 300.322(1)
Schedule the IEP meeting for a mutually agreed upon time and place. 34 CFR 300.322(2)
Notify parents of the purpose, time, and location of the meeting. 34 CFR 300.322(b)(1)(i)
Notify parents of who is invited and should be in attendance. 34 CFR 300.322(b)(1)(i)
Take whatever action is required to enable the parent to understand
the proceedings of the IEP Team meeting (i.e. interpreter for parent
with deafness or whose language is other than English). 34 CFR 300.322(e)
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Meaningful Parent
Participation: IEP Meetings
If neither parent can attend a child’s IEP meeting, the
school must utilize other methods to allow parental
participation (i.e. individual conferences, video
conferences, or conference telephone calls). 34 CFR 300.322(c); 34 CFR 300.328
A school may conduct an IEP meeting without a parent
in attendance, if the school has been unable to convince
the parents that they should attend. 34 CFR 300.322(d)
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Meaningful Parent
Participation: IEP Meetings
At IEP meetings, a parent may participate in all decisions
involving the identification, evaluation, and educational
placement of his/her child. 20 U.S.C. 1415(b)(1); 20 U.S.C. 1414(e)
In developing the child’s IEP, school professionals must
consider the parents’ concerns for enhancing the child’s
education. 20 U.S.C. 1414(d)(3)(A)
Parents may bring to the IEP meeting other individuals
who have knowledge or special expertise regarding the
child. 34 CFR 300.321(a)(6)
The determination of the knowledge or special expertise of any
individual must be made by the party who invited the individual
to be a member of the IEP Team. 34 CFR 300.321(c)
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Parents have the right to confidentiality
of personally identifiable information, data,
and records collected and/or maintained by
a school or school district. 20 U.S.C. 1412(a)(8), 1417(c)
The school district must comply with State policies
related to protecting the confidentiality of any
personally identifiable educational records, including
all information collected, used, or maintained by the
school. 34 CFR 300.123, 300.610
Confidentiality
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Access to Records
Parents have the right to access, examine, and copy their child’s educational records at no personal expense. 34 CFR 300.613; 105 ILCS 10/5(a)
Upon receiving request, the school district must make the child’s records available to the parent within 15 school days. 105 ILCS 10/5(c)
Parents are to be provided a copy of evaluation reports and documentation of determination of eligibility upon completion of the administration of assessments at no cost. 34 CFR 300.306(a)(2)
Parents are entitled to receive a copy of the child’s IEP at no cost to the parent. 34 CFR 300.322(f)
Parents have the right to receive explanations and interpretations of the records, upon request. 34 CFR 300.613(b)(1)
Parents may authorize another individual and/or representative to see, read, and/or copy any or all of their child’s educational record. 105 ILCS 10/5(a)
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Transfer of Rights-
Student Access to Records
When the student turns age 18, the parents’ rights
regarding education records transfer to the student,
unless parents have obtained guardianship. 34 CFR 300.520;
23 Ill. Adm. Code 226.690
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Amending Records
If a parent believes that content of their child’s educational
records is inaccurate, misleading, or in violation of the
child’s privacy or other rights, he/she may request that the
school amend or remove the information. 34 CFR 300.618; 105 ILCS 10/7
If the school refuses to amend the information in
accordance with the request, it must inform the parent of
the refusal and advise the parent of the right to a hearing. 34 CFR 300.618, 300.619
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Obtaining an IEE
Obtaining an Independent Educational Evaluation
A parent has the right to obtain an Independent
Educational Evaluation (IEE) of their child at public
expense, if he/she disagrees with school district
evaluation findings. 34 CFR 300.502(b)(1); 23 Ill. Adm. Code 226.180
If a parent chooses to pursue an Independent
Educational Evaluation (IEE), he/she should submit a
request to that effect to the local school district
superintendent. 23 Ill. Adm. Code 226.180(a)
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Parent Requested Hearing
If, at the hearing, it is determined that the information in
question is inaccurate, misleading, or a violation of the
student’s right to privacy or other rights, the school must amend
the information and inform the parent in writing. 34 CFR 300.620
If, however, it is determined that the information is not
inaccurate, misleading, or otherwise in violation of the child’s
rights, the parent has the right to place in the records a
statement summarizing his/her reasons for disagreeing with the
hearing determination. 34 CFR 300.620
Irrespective of the hearing determination, parents have the right
to put in the child’s record, a statement explaining their
concerns.
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Collaboration “Mantra”
“Nothing we can do can change the past,
but everything we do changes the future.”
- Ashleigh Brilliant, US Comic Artist
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Achieving Consensus
Achieving Consensus through:
Managing disagreement at IEP Meetings
Resolving disputes
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Managing Disagreement at
IEP Meetings
Ask questions to understand others’ perspectives and
listen to their answers.
Ask teammates for input and insight based upon their
areas of expertise.
Share your perspective as the foremost “expert” on
your child.
Remain professional and rational at all times.
Take a break if necessary.
Request to re-convene on another date if necessary.
Remember: Your goal is “consensus”…not “victory.”
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Disagreement
Disagreement happens...even with the
most collaborative teams.
It is in everyone's best interest to first try to
resolve your disagreements through
collaborative dialogue.
“Try to work it out yourselves!”
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Resolving Disputes
IDEA provides some dispute resolution
strategies to consider if your team is
unable to reach consensus on an issue.
Mediation
State Complaints
Due Process Hearing
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Mediation
Mediation: confidential process that allows
parties to resolve disagreements without
resorting to litigation.
IDEA requires school districts to allow parents the option of
using mediation to resolve disputes regarding a child’s
educational program. 20 U.S.C. 1415(e), 34 CFR 300.506, 23 Ill. Adm. Code
226.560
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Mediation
Federal and state laws ensure that mediation is:
Voluntary on the part of both parties 20 U.S.C. 1415(e)(2)(A)(i);
Not used to deny and/or delay the parent’s right to
initiate a due process hearing 20 U.S.C. 1415(e)(2)(A)(ii);
Directed by an impartial and qualified mediator 20 U.S.C.
1415(e)(2)(A)(iii);
Confidential, in that all discussions occurring
throughout the mediation process will not be used as
evidence in any potential subsequent due process
hearing or civil suit 20 U.S.C. 1415(e)(2)(F)(i); (G)
Legally binding and enforceable, provided both parties
sign the “mediation agreement” 20 U.S.C. 1415(e)(2)(F)(iii)
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Filing A Complaint
IDEA and Illinois law permit a parent to file an
official complaint with the Illinois State Board of
Education (ISBE), if the parent believes that the
school district has violated the rights of a child
with a disability. 34 CFR 300.151 – 300.153; 23 Ill. Adm. Code 226.570
The complaint will be considered only if it
describes an alleged violation that occurred not
more than one year before the date on which the
complaint is received. 23 Ill. Adm. Code 226.570(b)
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Filing A Complaint
The complaint must include the following:
A statement that a school district has violated a
requirement of IDEA
A statement of facts about the situation
Signature and contact information for the filing party
Name(s) and address(es) of student(s) involved
General description of the problem of the child
A proposed solution to the problem. 23 Ill. Adm. Code 226.570(a)(1)-(6)
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Filing A Complaint
Within 60 days after filing a valid complaint, ISBE will:
Assign an investigator, if deemed necessary
Gather additional information from the complaining party
Permit the district to attempt to propose a solution to the alleged
problem
Offer the option of mediation
Review all relevant information
Render an independent decision as to whether or not the district
violated IDEA
Issue a written determination to the complaining party that
addresses each individual allegation in the original complaint 23 Ill. Adm. Code 226.570
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Due Process Hearing
Due process hearing: A formal, through which
disputes between a parent and school district
are resolved.
IDEA and Illinois state law permit parents to initiate a
due process hearing, if the parent believes that a school
district has violated the rights of a child with a disability. 20 U.S.C. 1415(f); 34 CFR 300.511 – 300.520; 23 Ill. Adm. Code 226.600-675
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Due Process Hearing
A Due Process Hearing is similar to a court
proceeding in the following ways:
Presence of lawyers
Formal arguments
Documentary evidence
Witness testimony
Adversarial stance between parties
Impartial third-party decision maker
Legally binding written decisions
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Due Process Hearing:
Prior to Filing
Before filing for Due Process, consider:
Are there alternative ways to resolve this
issue?
Do I have official documents, reports and
records to support my position?
Do I have witnesses who will corroborate my
position?
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Due Process Hearing:
Filing
Filing logistics 34 CFR 300.507-300.513
Parent files request with district superintendent
District responds to request
Resolution process (see notes)
Pre-conference hearing
The hearing officer runs this conference in order to describe how
the hearing will proceed.
The officer also defines the issues, identifies potential witnesses,
and indicates the content of evidence.
At this time, the hearing officer sets the date for the hearing.
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Due Process Hearing:
The Agenda
Due Process Hearings typically last one day and
include:
Parent Opening Statement
District Opening Statement
Parent Witnesses (followed by District cross-
examination)
District Witnesses (followed by Parent cross-
examination)
Parent Closing Statement
District Closing Statement
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Due Process Hearing:
The Decision
The Decision:
Within 10 days of the close of the due process hearing,
the officer must render a decision in the case.
A written copy of the decision will be sent to the parent
and the district.
The decision stipulates what the parent and/or district
must do in order to rectify the issues of the case.
If the parent does not understand the decision, he/she
may submit a written request for clarification.
If the parent is dissatisfied with the decision, he/she may
appeal the decision to a court of law.
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Due Process Hearing
Child’s placement during hearing:
Filing a due process hearing request triggers the “stay-put”
provision under Federal and Illinois law.
This obligates the district to keep the student in his most recent
placement throughout the pendency of the hearing. 34 CFR 300.518(a)
Role of attorneys:
A parent can represent his or her child at a due process hearing.
Most parents choose to employ either an attorney or an advocate
to represent their child’s interests.
If the parent receives a favorable decision on a significant issue in
the due process hearing, he/she may recover attorney’s fees from
the school district.
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Today we learned about…
1) The Illinois Education Support System.
2) Your rights to be an equal partner in your child’s
education.
3) Achieving consensus at the IEP meeting and
available methods for dispute resolutions when
agreement is not reached.
Your Next Steps
Consider the information you received today in relation
to your child’s IEP, and your relationship with the
education team.
Determine how you plan on participating as an equal
partner in your child’s education.
Develop a Student Learning Profile (SEE MODULE 1:
Introducing Your Child: Creating Your Child’s Learning Profile) for your
child capturing key information about their unique
strengths and needs. Update and share this profile
annually.53
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Contact Information: Parent & Educator Partnership
Toll free: 877-317-2733
www.PEPartnership.org
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