Parent_Handbook Spec Ed

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Parent Handbook

Special Education Department

June 2005

Lake

Orion

Community

Schools


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MISSIO

N

STATEME

NTS

Lake Orion Community Schools

Mission Statement

The mission of Lake Orion Community Schools

is to provide an exemplary education for all learners.

Special Education Department

Mission Statement

The mission of the Lake Orion Community Schools

Special Education Services Department

is to support and prepare students with unique learning styles

to meet the challenges of tomorrow

by providing the educational environment

for all to learn today.

SUPERINTENDENT

Christine A. Lehman

BOARD OF EDUCATION

Leeann Bartley, PRESIDENT

Bob Gritzinger, VICE-PRESIDENT

Tina Peterson, SECRETARY

Mary Jo Burchart, TREASURERBill Walters, TRUSTEE

Jim Weidman, TRUSTEE

Janet Wolverton, TRUSTEE

SPECIAL EDUCATION DIRECTOR

Denise Sweat

SPECIAL EDUCATION SUPERVISOR

Julie Stucky

Lake Orion Community Schools does not discriminate on the basis of race, color, religion,

sex, national origin, disability, marital status, height, weight or age.

Board of Education policy forbids acts of illegal discrimination in all matters.


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SPECIAL EDUCATION DEPARTMENT

PARENT HANDBOOK

TABLE OF CONTENTS

Introductory Remarks ....................................................................1

A message of welcome from the Director

Parent Advisory Committee ...........................................................2

Parent Support Group - Oakland Schools

Lake Orion Community Schools PAC

Early Identification .........................................................................3

Evaluation and consultation from birth to six years

The Prereferral Process ...................................................................4

What happens before a referral to special education?

Special Education Referral Process .................................................. 5

What to expect (timelines)

Developing a Plan for Your Child ....................................................6

Multidisciplinary Evaluation Team ............................................ 6

Individualized Educational Planning Team ............................ 7-8

Resolving Disputes ........................................................................9

Independent Evaluation, Due Process Hearing Complaints .....10

Commonly Used Acronyms .........................................................11

Special Education Programs and Services

Preschool ............................................................................... 12

Elementary, Middle, High School and Post-secondary .............13

Special Education Support Staff 1 ................................................. 14

Categories of Disabilities .............................................................16

Resources for Parents...................................................................18

Procedural Safeguards ..................................................................19

TA

BLEOFCO

NTENTS


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Dear Parents:

Lake Orion Community Schools is proud of the programs and services that

are provided to meet the needs of students with disabilities. Parents are

important members of the educational team that helps to determine theappropriate programs and services for their child. Staff is committed to

helping you become a full partner. This handbook is one of the resources

developed to help you, as a parent, enter into a full partnership by providing

information and answers regarding special education programs and services.

Rules and guidelines for special education are not constant. This handbook is

a tool to help with basic information and assist you in understanding

information about programs and services within the district. Parents will

always have additional information available at meetings, conferences and in

the Procedural Safeguards provided to parents at all special education

meetings. Additional information is also available upon request.

In Michigan, programs and services are available for identified handicapped

students from birth through age 26. Special education provides specifically

designed instruction, based on free and appropriate education, to meet

unique educational needs of students who are found eligible fewer than one

of the areas of disability recognized under The Michigan Administrative Rules

for Special Education. Programs and services include classroom instruction,

consultation, ancillary support, and adaptive supplies and materials designed

to meet the identified educational goals of students.

Lake Orion Community Schools offers a full continuum of services to

identified students. A vast majority of students receive educational support

in their neighborhood school with assistance from a resource teacher, speech

and language provider or a teacher consultant. Special education services are

available at all of the districts schools. Students who require more support

than is available at their neighborhood school may attend programs at

designated schools within the district or at regional Center Programs. All

placement and programming decisions are made at Individual Educational

Planning Team meetings. Lake Orion Community Schools is committed to

providing quality programs designed to meet students individual needs.

Although this handbook includes some general guidelines, decisions are

based on individual student need.

If your questions are not answered in this handbook, please feel free tocontact the Special Education Department at 455 E. Scripps, Lake Orion,

Michigan 48362, (248) 693-5430.

Sincerely,

Denise Sweat

Special Education Director

SPECIAL

EDUCATION

DEPARTMENT

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P

ARENTADVISORYCOMMITTEE

THE ROLE OF THE PAC REPRESENTATIVE

Parent Advisory Committee (PAC) members play an important role in how

the special education programs and services are delivered in Oakland County.

The responsibilities, as defined by the county plan, and by the membership,

are to attend and participate in the PAC monthly meetings.

Members will participate in developing the Oakland Schools plan for the

delivery of special education programs and services, and review and advise on

proposed changes to this plan.

The PAC committee serves as an informational source for all special needs

children and their families as well as acting as a liaison between Oakland

Schools and the local school districts with concerns and information.

PAC members can help you understand special education and your rights.

The members can direct you to the appropriate persons, agencies or

documents for help. The representative can share information regardingassistance programs, respite, advocacy issues, state or local organizations.

Lake Orion Community Schools has two active representatives and the

chairperson can be contacted by calling: Coco Hildebrand, 248-693-5430Coco Hildebrand, 248-693-5430Coco Hildebrand, 248-693-5430Coco Hildebrand, 248-693-5430Coco Hildebrand, 248-693-5430

or 248-693-5475.or 248-693-5475.or 248-693-5475.or 248-693-5475.or 248-693-5475.

Since parent involvement is essential to Lake Orion Community Schools, it

has formed a local Special Families Network (SFN). The Lake Orion SFN is

organized to ensure the finest special education programs and services that

are available for the students in Lake Orion Community Schools. The SFN

meets once a month with the Director of Special Education to discuss issues

relative to the special education community. Each school in Lake OrionCommunity Schools has two representatives on the committee. The Early

Intervention, Preprimary Impaired, Post-secondary, and Out-of-District

programs are represented. District SFN representatives are another resource

to help parents within the district resolve issues and concerns quickly and to

the benefit of all students.

Special FSpecial FSpecial FSpecial FSpecial Families Network Officialsamilies Network Officialsamilies Network Officialsamilies Network Officialsamilies Network Officials

President

Vice-President

Treasurer

Secretary

Special Olympic Information, contact Karen Appledorn at

[email protected]

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EARLY IDENTIFICATION

WHERETOSTART?

Within Lake Orion Community Schools, specifically Early Identification refers

to the identification and service for youngsters, birth through age six. The

primary purpose is to identify young children who have a handicapping

condition that makes learning difficult and to find appropriate specialeducation services to aid in the childs development.

Programs are mandated by IDEA (federal law) and Michigan rules for persons

who are affected by one or more learning impairments, including hearing,

vision, speech, mental, physical, and emotional. The early years are important

in a childs development, and therefore specific attention is given to this age

group for whom school attendance is not mandatory. Handicaps, whether

mild or severe, interfere with the learning process of a child, so early

intervention is critical.

WHATSERVICESAREPROVIDED? Referrals to and consultation with community agencies,

preschools, and day care centers.

Screenings and diagnostic assessments in the area of speech and

language, self-help, social/emotional, learning, and physical

development.

Information to parents about child development consultation,

parent groups, and information resources.

Information on eligibility requirements for Special Education

services.

After a referral is made, parents are contacted and information is gathered. If

appropriate, an appointment is made with parents and children to gather further

information through screening or in-depth diagnostic assessments. If the child

qualifies as a special education student, possibilities for programs and services

will be reviewed to meet the childs unique needs.

WHATPROGRAMSAREAVAILABLE?

Early Intervention programs include home-based and/or classroom programs

with necessary ancillary support services. Ancillary services may include physical

therapy, occupational therapy and speech and language services. Consultation

services from social workers, school psychologists, and teacher consultants for

visual, hearing and autistic impairment may also be available.

WHOMAYREFERACHILD?

Any concerned parents, physician, agency, or individual may refer a child to

Special education by contacting the Special Education Department.

EA

RLYINTERV

ENTION

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PREREFERRAL

Lake Orion Community Schools uses a team process to help determine what

possible causes might exist for a students lack of progress in the school setting.

Usually the classroom teacher has some concerns and brings them to the

attention of the building administrator. The team consists of a building

administrator, the classroom teacher, a counselor (in the secondary schools),and special education instructional and diagnostic staff. The team listens as the

students learning issues are described as well as what strategies have been

tried. Strategies and interventions are discussed and developed for possible

implementation in the classroom. Some possibilities include:

adjustments in the delivery of instruction.

classroom peer supports.

organizational tools for use within the classroom and at home.

the development of an action plan for behavioral support.

assistance from general education consultants, paraprofessionals

or volunteers.

supplementary materials and technology.

The teacher will typically report back to the team the success of suggested

strategies and interventions. Along with feedback, the teacher may get additionalstrategies for classroom implementation. The effectiveness of all interventions

must be documented in a systematic way to assist the team in determining the

success of the team process. Every attempt is made to keep parents informed of

the success of classroom interventions.

If you have questions about your childs progress, the best place to begin is

with your childs teacher and/or the building principal. They are the best informed

about how your child is functioning and whether additional help should be

sought.

A special education referral should never be processed without input from the

building team. It is always important to assist students to meet success in the

general education setting without the benefit of special education programs

and services.

PREREF

ERRALPROCESS

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THE SPECIAL EDUCATION REFERRAL PROCESS

This outline gives a brief overview of the referral, evaluation and placement

process used in all districts. Since the process is individualized, differences may

occur, but the process is never compromised.

PREREFERRAL INTERVENTIONS

REFERRALA formal written document asserting

suspicion of the student having a disability.

PARENTNOTIFICATIONA consent form is dated immediately following the REFERRAL.

Staff has ten (10) days to contact parent and request consent.

PARENTAL CONSENT/PROCEDURAL SAFEGUARDSParent/Legal Guardian signs informed consent form which gives permission

for the evaluation process to proceed.

EVALUATION BYMULTIDISCIPLINARYTEAM(MET)Can take up to thirty (30) school days.

METParents are invited to attend. Eligibility recommendation documented.

INDIVIDUALIZED EDUCATIONAL PLANNING TEAM (IEPT)Parents are invited to attend.

Special Education eligibility is determined.

Programs and services are recommended - IEP is developed.

SPECIAL

EDUCATIO

NREFERRA

L

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THE MULTIDISCIPLINARY EVALUATION TEAM (MET)

An evaluation of the student with a suspected disability is the next step after

a referral to special education has been processed and parental consent has

been obtained. This is done by a Multidisciplinary Evaluation Team (MET).

This team is made of educational professionals with knowledge in the

suspected area of disability. The team may include teachers, speech andlanguage providers, psychologists, educational consultants, physical or

occupational therapists, and school social workers.

The MET will evaluate the strengths of your child. The team will review

important information, including school records, assessment data, medical

history, and information that you may provide about your child. If you have

had an outside evaluation of your child, it would be good to share the

information with the MET.

The MET evaluation is very important. You can assist the team by providing

all the information you can concerning your child. The team will help yourchild feel comfortable about the testing situation. Be sure to assist the staff

by talking to your child and helping him/her try to understand that the

process is geared to helping him/her meet success in the school setting.

Once the MET evaluation is complete, a written report will be sent to you

and you will be invited to participate in a meeting to discuss eligibility. At

the meeting, an eligibility recommendation will be made to be presented

to an Individual Educational Planning Team (IEPT). Using the evaluation

information, the IEPT determines whether or not your child is eligible for

special education programs and/or services.

The MET process in review:

Parental consent must be received prior to the evaluation.

An Evaluation Review that helps to determine the areas of evaluation

is completed prior to the beginning of test administration.

A team of professionals will be involved in the assessment process,

which must be completed within thirty (30) school days.

More than one assessment tool (test) will be used to recommend

special education eligibility.

The evaluation tools cannot discriminate on the basis of language or

culture.

Outside assessments and evaluation data will be considered during

the process.

Parent input is a component of each step of the MET process.

MULTIDISCIPLINARYEVALU

ATION

TEA

M

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INDIV

IDUALIZED

EDUCATIONALPLANN

INGTEAM

THE INDIVIDUALIZED EDUCATIONAL PLANNING TEAM

What is an Individualized Education PWhat is an Individualized Education PWhat is an Individualized Education PWhat is an Individualized Education PWhat is an Individualized Education Prrrrrogram (IEP)?ogram (IEP)?ogram (IEP)?ogram (IEP)?ogram (IEP)? An IEP is a plan,

developed and written, that outlines specific goals and objectives for a student

on an individual basis. The IEP designates the instructional and support staff that

will work with the student on the goals during a specific period of time. IEPs are

developed at least annually. The IEP is developed at an IEPT.

What is the Individualized Educational Planning TWhat is the Individualized Educational Planning TWhat is the Individualized Educational Planning TWhat is the Individualized Educational Planning TWhat is the Individualized Educational Planning Team (IEPT)?eam (IEPT)?eam (IEPT)?eam (IEPT)?eam (IEPT)? An IEPT is

the team that meets to review the needs of your child. It is a required

meeting, and parents are a very important member of the team. The IEPT

determines the eligibility of a student and the appropriateness of programs

and/or services to be provided. The IEPT reviews the information and

recommendations provided by the Multidiscilplinary Evaluation Team (MET).

Who participates in the IEPT?Who participates in the IEPT?Who participates in the IEPT?Who participates in the IEPT?Who participates in the IEPT?

A representative of the school district, other than the students teacher.

A special education teacher or service provider. If the student was

not previously enrolled, a teacher who is appropriate for the

students age and ability should be invited.

A general education teacher if the student is enrolled in general

education or if general education placement will be considered.

Parents are always invited and encouraged to participate. Meetings

are scheduled with parents to ensure their availability.

The student is invited to participate in all or part of the meetings, as

appropriate.

At initial IEPTs and three year re-evaluations, a member of the MET is

required to participate.

What is the parWhat is the parWhat is the parWhat is the parWhat is the parents rents rents rents rents role in the IEPT?ole in the IEPT?ole in the IEPT?ole in the IEPT?ole in the IEPT? Parents should participate in the

meeting, sharing ideas and opinions. It is also important that parents ask for

explanations whenever presented information is not clearly understood.

he following is a list of suggestions on specific ways the parhe following is a list of suggestions on specific ways the parhe following is a list of suggestions on specific ways the parhe following is a list of suggestions on specific ways the parhe following is a list of suggestions on specific ways the parent canent canent canent canent can

assist the team:assist the team:assist the team:assist the team:assist the team:

Write down any information that you would like the school staff to

know about your child.

Come to the IEPT with any reports by outside consultants or therapists

that the staff needs in order to have a complete picture of your child.

Share information with staff regarding your childs strengths and/or

weakness, particularly any of which the staff may not be aware.

Help staff understand your child by describing your childs behavior at

home.

Avoid pre-deciding which program you feel is best for your child until

you have had an opportunity to hear programs discussed.

Focus on the T in IEPT. Remembering that you are a member of the

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THE INDIVIDUALIZED EDUCATIONAL PLANNING TEAM

When is an IEPT held?When is an IEPT held?When is an IEPT held?When is an IEPT held?When is an IEPT held? An IEPT is held annually after the MET evaluation (or

re-evaluation) of your child. The IEPT is scheduled at a mutually agreeable

time. If parents are unable to attend, they have the right to provide input in

other ways. An IEPT may be scheduled more than once a year if deemed

appropriate by staff or parents.

What is included in the IEP?What is included in the IEP?What is included in the IEP?What is included in the IEP?What is included in the IEP?

The students present level of educational performance. This

includes academic, behavioral, social, communication, and

physical areas of development.

Students eligibility.

Annual goals.

Short-term objectives.

Evaluation procedures and schedules for determining student

progress on objectives.

A list of related services to be provided to the student.

Starting dates for programs and services.

The amount of time in general and special education.

Least restrictive environment options.

Prevocational, vocational (after age 12) and transition needs for

students over the age of 16.

THE INDIVIDUALIZED EDUCATIONAL PROGRAM

When is the IEP signed?When is the IEP signed?When is the IEP signed?When is the IEP signed?When is the IEP signed? Parents may sign the IEP at the end of the annual

meeting. Parents also have the option of taking the IEP home to study and

review prior to signing. Since an IEP must be developed through the team

process, parents may not write on the document. If there are questions,parents should contact a member of the team for clarification.

What happens if parWhat happens if parWhat happens if parWhat happens if parWhat happens if parents disagrents disagrents disagrents disagrents disagree with the IEP?ee with the IEP?ee with the IEP?ee with the IEP?ee with the IEP? Parents and staff should

work together to develop the students program. Differences of opinion on an

IEPT are not necessarily a bad sign. Parents and staff often need to hold

further discussions to help determine the best goals, programs, or services

for the student. If parents are unable to agree with the staff, parents have the

following rights:

Ask for an adjournment of the IEPT prior to the completion of the

meeting to gather further information or ask questions.

Elect not to sign the IEP but allow its implementation.

Indicate to the school why you disagree and ask for revisions to

the plan at a new IEPT.

Request an Independent Evaluation, if the disagreement is about

eligibility.

Request a Due Process Hearing if the district is uncooperative.

Parents should take this step only after they have attempted

resolution with the school district.

INDIVIDUALIZED

EDU

CATIONAL

PLANNING

TEAM

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INDEPENDENT

EVALUATIONSAND

M

EDIATION

INDEPENDENT EVALUATIONS

What is an Independent Evaluation?What is an Independent Evaluation?What is an Independent Evaluation?What is an Independent Evaluation?What is an Independent Evaluation? Parents have the right to request an

independent educational evaluation at public expense if there is disagreement

with the evaluation conducted by the school district. The request should be

made at the IEPT that is convened following the MET to determine eligibility.

Following your request, the school district will provide information as towhere an evaluation can be obtained. The district has the option to honor

your request for payment or to refuse payment. If the district refuses

payment of an independent evaluation, an impartial due process hearing

officer will determine if the district must pay for the evaluation.

What is a Due PWhat is a Due PWhat is a Due PWhat is a Due PWhat is a Due Prrrrrocess Hearing?ocess Hearing?ocess Hearing?ocess Hearing?ocess Hearing? If you disagree with the IEPT regarding the

identification, evaluation, or placement of your child, you have the right to a

special education due process hearing. This hearing is designed to settle your

dispute with the school district. You must request a hearing in writing.

If you exerIf you exerIf you exerIf you exerIf you exercise your right to a hearing, you also have the right to:cise your right to a hearing, you also have the right to:cise your right to a hearing, you also have the right to:cise your right to a hearing, you also have the right to:cise your right to a hearing, you also have the right to:

have the hearing at a time and place reasonably convenient for you. be told of any free or low cost legal and other relevant services available.

have access to your childs records so you may prepare for the hearing.

have a hearing officer who is agreeable to both you and the school

district.

be accompanied, represented, and advised at the hearing by legal counsel

or a parent advocate and present your own witnesses and evidence.

have your child present if you desire.

have a written or electronic transcript of the hearing upon request.

have a written decision within 45 days after the district receives the

initial request for the hearing.

appeal to the State Department of Education for a state review of thelocal hearing decision.

have your child remain in his or her present educational placement while

the hearing or state appeal is proceeding, unless you and the district

agree otherwise.

NOTEParents can change their mind after a request for a hearing has been made.

The request to cancel the meeting must be in writing. Once a hearing officerhas been selected, the hearing officer must approve the cancellation.....

What is Mediation?What is Mediation?What is Mediation?What is Mediation?What is Mediation? After a due process hearing has been requested, but

prior to it actually taking place, the parent and school district may agree to

try mediation. The goal of mediation is to settle the dispute so that the

hearing becomes unnecessary. The following regulations apply to mediation:

The parent and district must agree on the mediator.

The mediator must not impose a decision on the parent or the school

district. He/she can assist the parent and the district in coming to a

resolution.

If a resolution is reached, the mediator must provide a written

description of the resolution.

The IEPT must meet to incorporate the mediated agreement into the IEP.

If a rIf a rIf a rIf a rIf a resolution cannot be resolution cannot be resolution cannot be resolution cannot be resolution cannot be reached, the dispute goes threached, the dispute goes threached, the dispute goes threached, the dispute goes threached, the dispute goes through with theough with theough with theough with theough with the

hearing prhearing prhearing prhearing prhearing process.ocess.ocess.ocess.ocess. 99999


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RESOLVING DISPUTES

How arHow arHow arHow arHow are pare pare pare pare parental concerns handled?ental concerns handled?ental concerns handled?ental concerns handled?ental concerns handled? Most problems or concerns about a

childs education are best resolved at the school. Staff members at the school

are the most familiar with the child and the childs program/services and have

the tools available to serve the childs best interest.

When problems or questions arise, parents should first contact the childs

teacher. The office staff is very helpful in helping you understand each

teachers schedule and their availability to meet. Most teachers and special

education service providers have e-mail or voice mail boxes which can help

with contacting them. If problems cannot be resolved after meeting with the

teacher/service provider, a meeting can be scheduled with the building

principal or a designee from the special education department. Working

together with parents, staff can resolve most concerns expeditiously.

When is it apprWhen is it apprWhen is it apprWhen is it apprWhen is it appropriate to file a complaint?opriate to file a complaint?opriate to file a complaint?opriate to file a complaint?opriate to file a complaint? After all attempts to resolveproblems and issues at the building/district level have been exhausted, it may

be appropriate to contact the intermediate school district. In the case that a

parent feels that the school district has been unresponsive and has not made

appropriate progress in dealing with an issue, parents must contact the

Oakland Schools Special Education Compliance Officer. The concerns are first

discussed at the county level which could lead to an easy resolution to the

problem. If discussion does not offer an easy solution to the concern, a

formal complaint may be filed.

A formal complaint is a written allegation. The statement(s) must indicate

that there has been an uncorrected violation, misinterpretation, or

misapplication of specific special education laws. The statements could alsoindicate that a childs IEP is not being implemented as written. Oakland

Schools special education personnel will explain parental rights regarding

complaints and provides copies of related rules. Complaints are investigated

by Oakland Schools following specific guidelines:

The Intermediate School District must investigate the complaint

within 21 calendar days.

The complaint must be investigated by a member of the special

education staff who has no authority over programs or services

against which the complaint is filed.

The ISD must give a copy of its findings to the parent and the

district in writing.

COMPLAINTS

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ACRONY

MS

ADADADADADAAAAA Americans with Disabilities Act

ADDADDADDADDADD Attention Deficit Disorder

ADHDADHDADHDADHDADHD Attention Deficit Hyperactivity

Disorder

CECCECCECCECCEC Council for Exceptional Children

CICICICIC I Cognitive Impairment

CMHCMHCMHCMHCMH Community Mental Health

CPCPCPCPCP Cerebral Palsy

DDDDDDDDDD Developmental Delay

DSSDSSDSSDSSDSS Department of Social Services

ECDDECDDECDDECDDECDD Early Childhood Development Delay

ECPECPECPECPECP Early Childhood Programs

ECSECSECSECSECS Early Childhood Services

EIEIEIEIEI Emotional Impairment

FFFFFAPEAPEAPEAPEAPE Free Appropriate Public Education

H/HH/HH/HH/HH/H Homebound and Hospitalized

HIHIHIHIHI Hearing Impairment

IDEAIDEAIDEAIDEAIDEA Individuals with Disabilities Education Act

IEPIEPIEPIEPIEP Individualized Education Program

IEPTIEPTIEPTIEPTIEPT Individualized Educational Program Team

IQIQIQIQIQ Intelligence Quotient

ISDISDISDISDISD Intermediate School District

LDLDLDLDLD Learning Disabled

LEALEALEALEALEA Local Education Agency

LRELRELRELRELRE Least Restrictive Environment

MDEMDEMDEMDEMDE Michigan Department of Education

METMETMETMETMET Multidisciplinary Evaluation Team

OHIOHIOHIOHIOHI Other Health Impairment

OCROCROCROCROCR Office of Civil Rights

OMOMOMOMOM Orientation and Mobility

OSEOSEOSEOSEOSE Office of Special Education

Federal

OTOTOTOTOT Occupational Therapist/Therapy

PPPPPAAAAA Public Act

PPPPPAAAAACCCCC Parent Advisory Committee

PIPIPIPIPI Physical Impairment

PLPLPLPLPL Public law

PTPTPTPTPT Physical Therapist/Therapy

SEASEASEASEASEA State Education Agency

SLDSLDSLDSLDSLD Specific Learning Disability

SL ISL ISL ISL ISLI Speech and Language Impairment

SLPSLPSLPSLPSLP Speech and Language Provider

SSWSSWSSWSSWSSW School Social Worker

SXISXISXISXISXI Severe Multiple Impairment

TBITBITBITBITBI Traumatic Brain Injury

TTTTTCCCCC Teacher Consultant

VIVIVIVIVI Visual Impairment

COMMONLY USED ACRONYMS

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PRESCHOOL PROGRAMS AND SERVICES

Lake Orion Community Schools provides a full continuum of programs and

services for eligible handicapped students. The options for service reflect our

belief in supporting students in the least restrictive environment while

ensuring educational success.

PRESCHOOLPRESCHOOLPRESCHOOLPRESCHOOLPRESCHOOL

Early Childhood Special Education SerEarly Childhood Special Education SerEarly Childhood Special Education SerEarly Childhood Special Education SerEarly Childhood Special Education Servicesvicesvicesvicesvices Early Childhood Special

Education Services (Look 1st) are special education programs for infants from

birth to three years of age. Staff members provide services to these children

to facilitate reaching their optimal level of educational functioning. The staff

members include an Early Childhood Special Education Teacher, Occupational

Therapist, Physical Therapist, Psychologist, School Social Worker and a

Speech and Language Provider. Together, these professionals provide an

educational program that will prepare each child to succeed in school.

Classes are housed at the Community Education Resource Center. Theseclasses are for the Parent and Child, typically two to three times per week.

Early Childhood Special Education PEarly Childhood Special Education PEarly Childhood Special Education PEarly Childhood Special Education PEarly Childhood Special Education Prrrrrogramsogramsogramsogramsograms Early Childhood Special

Education Programs (ECP) are an intensive preschool program established to

provide support to children with a variety of identified special needs. The

students range in age from three to six years. The programs provide a

developmentally appropriate curriculum with opportunities for hands on

experiences, social interactions, and active engagement in the learning

process. The ECP meets two to four days per week for three hours. There can

be as many as twelve children in attendance. A Teacher of Early Childhood

Programs provides primary instruction with the assistance of a

paraprofessional. A Speech and Language Provider, Occupational Therapist,Physical Therapist, Social Worker and School Psychologist may provide

additional support. To support parent participation and education, group

meetings are scheduled as well as home visits and extensive home /school

communication systems.

PPPPPrrrrreschool Speech and Languageeschool Speech and Languageeschool Speech and Languageeschool Speech and Languageeschool Speech and Language Some students who are eligible for

special education, who are between the ages of two and five, may not need

the level of support of the Early Intervention or Preprimary Program. Lake

Orion Community School offers several programs that address specific speech

and language needs of the young preschooler. Staff and parents at the IEPT

will discuss options for preschool speech, which include drop-in individual

or small group sessions. These classes each emphasize specific needs for

students. Placements are based on need as well as age. Parent scheduling

may be an important consideration.

PRES

CHOOLPROGRAMSAND

SERVICE

S

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PROG

RAMSAND

SERVICES

PROGRAMS AND SERVICES

The programming options listed below are in order from the least to the most

restrictive.

TTTTTeacher Consultant Sereacher Consultant Sereacher Consultant Sereacher Consultant Sereacher Consultant Servicesvicesvicesvicesvices Special Education students are enrolled in

general education classes with the support of a certified teacher consultant.The teacher consultant works with the general education teacher to help

make accommodations for the student. The teacher consultant provides

direct support to instructional staff while providing indirect support to

students.

Special Education RSpecial Education RSpecial Education RSpecial Education RSpecial Education Resouresouresouresouresource Pce Pce Pce Pce Prrrrrograms ograms ograms ograms ograms Eligible students are enrolled in

general education for the majority of their day. Direct instructional support is

provided to the student in areas of identified need by a special education

teacher for the remainder of the school day. The special education teacher in

the resource program will instruct and grade students in the areas of

weakness as well as provide consultation to the students general educationteacher. Resource Programs are available in all of the schools within the

district.

Special Education Categorical PSpecial Education Categorical PSpecial Education Categorical PSpecial Education Categorical PSpecial Education Categorical Prrrrrograms ograms ograms ograms ograms For students who require more

extensive special education support, self-contained classrooms are available.

Self-contained classrooms provide up to full-time special education support

for students. Students participate with non-handicapped peers in all areas

deemed appropriate by the IEPT. Categorical programs are available for

students identified as CI, LD, AI and EI, in selected schools, and

transportation is provided by the district.

PPPPPost-Secondarost-Secondarost-Secondarost-Secondarost-Secondary Py Py Py Py Prrrrrogramsogramsogramsogramsograms The Lake Orion Community Schools provides

support to eligible students after the age of eighteen. Students enrolled in

the program have significant developmental and cognitive impairments. The

program provides instruction within emphasis on daily living skills in real- life

situations. A larger community component which enables learners to

participate as independently as possible in the community in which they live.

Center PCenter PCenter PCenter PCenter PrrrrrogramsogramsogramsogramsogramsStudents who have been identified as having hearing

impairments, visual impairments, severe multiple impairments, severe

emotional impairments, or severe cognitive impairments may be eligible to

attend programs operated by neighboring districts. Although the decision

remains a determination of the IEPT, the students recommended for these

programs generally have needs that exceed the parameters of the typical

school environment. Lake Orion Community Schools does not operate center

programs but a contact person from the district works as a liaison to the

parents and the attending program. Every effort is made to provide an

appropriate program for students in the closest program to the community.

Lake Orion Community Schools provides transportation at no cost to

parents.

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EDUCATIONAL SUPPORT STAFF

Lake Orion Community Schools provides ancillary and other related services for students. Some

staff primarily serve as members of the diagnostic team while others may provide direct support

to the student. Services that may be provided for students are determined through the IEPT. All

support staff may be part of a students MET and/or IEPT. Services that the district provide

include:

Occupational Therapy -Occupational Therapy -Occupational Therapy -Occupational Therapy -Occupational Therapy - The occupational therapist works with students who need individual

exercises or adaptations for coordination of fine motor and perceptual motor problems. As well

as direct support, the occupational therapist may help other professional or paraprofessional staff

members support the student on a daily basis. The support provided by the occupational

therapist must support the student to meet success in the educational environment.

Physical Therapy -Physical Therapy -Physical Therapy -Physical Therapy -Physical Therapy -The physical therapist evaluates and provides treatment for students who

need treatment for gross motor control, basic mobility, and balance. The Physical Therapist helps

the staff who work with the student on a daily basis to understand the students physical

capabilities and limitations. Training may include assisting a student with the use of adaptive

equipment or instructing staff about the safe way to lift or transfer a student. physical therapistservices are based on a prescription from a physician. Activities supported through physical

therapy have educational relevance.

School PSchool PSchool PSchool PSchool Psychologysychologysychologysychologysychology The school psychologist evaluates students intelligence, personality,

perceptual-motor skills using tests, observations and other procedures. The school psychologist

may also administer achievement tests and is capable of overlaying the results of these

evaluations with school curriculum. School psychologists may provide educational intervention

and other services if designated on the IEP.

School Social WSchool Social WSchool Social WSchool Social WSchool Social Workorkorkorkorker er er er er The School social worker may evaluate a students social and emotional

adjustment. School Social Workers in Lake Orion Community Schools only provide direct support

to students eligible as special education. Goals that are most often written on IEPs that require

social work support, are related to social, emotional or school adjustment problems. School

social workers serve as resource persons to educational staff, students and parents in providing

problem solving techniques; acting as a liaison between the school, home and community while

coordinating and developing community resources. School social workers also take a leadership

role in the development of student behavior plans.

Speech and Language - TSpeech and Language - TSpeech and Language - TSpeech and Language - TSpeech and Language - The Speech and language therapist evaluates students who may qualify

for special education programs and services due to a disability in the areas of language

development, articulation, voice, and fluency. Speech and language therapists provide

instructional support to students and are involved with helping students with augmentative

communication. Speech and language therapist also consult with educational staff, parents, andcommunity agencies relating to speech and other communication disorders.

TTTTTeacher Consultant -eacher Consultant -eacher Consultant -eacher Consultant -eacher Consultant - The teacher consultant primarily evaluates academic achievement testing

for students referred as potentially qualifying for special education programs and services. Each

secondary school has a teacher consultant, while the elementary buildings share several teacher

consultants. A teacher consultant may provide instruction and/or behavioral support to students

functioning in the general education classroom. The teacher consultant serves as a resource for

both general and special education teachers, other support staff, parents, and building

administrators.

SUP

PORTSTAFF

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CATEGORIESOFDISABILITIES

CATEGORIES OF DISABILITIES

AAAAAutismutismutismutismutism - Students identified with autism have a neurological disorder that

interferes with the development of reasoning, social interactions and

communication. It is a lifelong disability that makes learning difficult and can

lead to serious behavior problems. Children with autism have substantial

problems in the area of communication which may include immature speech,inability to understand complex speech patterns or words. It is not

uncommon for students with autism to be nonverbal and use alternate

means of communicating.

Emotional Impairment (EI) -Emotional Impairment (EI) -Emotional Impairment (EI) -Emotional Impairment (EI) -Emotional Impairment (EI) - Students identified with an emotional

impairment exhibit behaviors, over an extended period of time, that seriously

interfere with the learning environment. Students often have trouble with

self-control and are frequently disruptive. Their emotional problems

negatively affect their academic performance.

Hearing Impairment (HIHearing Impairment (HIHearing Impairment (HIHearing Impairment (HIHearing Impairment (HI) - Students identified with a hearing impairmenthave a hearing loss, which interferes with development or adversely affects

educational performance in a general education setting. Hearing problems

range from a mild hearing loss that adversely affect education to total

deafness which is evidenced through the students inability to process

linguistic information through hearing, with or without amplification.

LLLLLearning Disabled (LD)earning Disabled (LD)earning Disabled (LD)earning Disabled (LD)earning Disabled (LD) Students identified as learning disabled have a

severe discrepancy between their intellectual ability and their academic

achievement. Students have a significant learning problem in one or more of

the basic processes involved in understanding or using spoken or written

language. These problems adversely affect the students writing, math,

spelling, listening and speaking skills. Students function below theirintellectual level in one or more of these specific areas.

Physical Impairment (PI) -Physical Impairment (PI) -Physical Impairment (PI) -Physical Impairment (PI) -Physical Impairment (PI) - Students identified with a physical impairment

have a severe orthopedic impairment that adversely affects their educational

performance. They may have congenital anomalies such as the absence of a

limb. Others may have cerebral palsy or muscular dystrophy.

OtherOtherOtherOtherOtherwise Health Impairment (OHI)wise Health Impairment (OHI)wise Health Impairment (OHI)wise Health Impairment (OHI)wise Health Impairment (OHI)- Students with an otherwise health

impairment have a physical challenge which adversely affects their ability to

learn. Some students have health impairments which limit strength, vitality

or alertness, due to chronic or acute health problems such as a heart

condition, tuberculosis, rheumatic fever, asthma, sickle cell anemia,

hemophilia, lead poisoning, leukemia or diabetes. If a student is identified as

otherwise health impaired, the conditions must adversely affect the students

educational performance.

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IES


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CATEG

ORIESOFDISABILITIES

Early Childhood Development Delay (ECDD) Early Childhood Development Delay (ECDD) Early Childhood Development Delay (ECDD) Early Childhood Development Delay (ECDD) Early Childhood Development Delay (ECDD) Students identified with

early childhood developmental delay must be between the ages of birth to

seven years. The label implies that the primary handicap cannot be

differentiated through the criteria of the other handicapping conditions. The

child must manifest impairment in one or more areas of development equal

to or greater than 1/2 of the expected development for their chronological

age, as measured by more than one developmental scale. The impairmentmust not be able to be resolved by medical or nutritional intervention. The

students must be reclassified by the age of seven into one of the other

disability categories.

Speech and Language Impairment (SLI) Speech and Language Impairment (SLI) Speech and Language Impairment (SLI) Speech and Language Impairment (SLI) Speech and Language Impairment (SLI) Students identified with a speech

and language impairment have communication disorders that affect their

educational performance. Communication disorders include stuttering, voice

impairments, articulation and language impairments. Slow vocabulary

development, unclear speech and poor listening skills are a few of the

symptoms that may be exhibited that may impact educational performance.

TTTTTraumatic Brain Injurraumatic Brain Injurraumatic Brain Injurraumatic Brain Injurraumatic Brain Injury (TBI) -y (TBI) -y (TBI) -y (TBI) -y (TBI) - Students identified with a traumatic brain

injury have had a brain injury that results in problems in learning, social

function, and physical functioning. The students often have trouble in areas

such as communication, memory, perception, reasoning and judgement.

VVVVVisual Impairment (VI) isual Impairment (VI) isual Impairment (VI) isual Impairment (VI) isual Impairment (VI) Students identified as visually impaired have a

visual impairment which, even when corrected, negatively affects their

learning. Visual problems range from partial sight to total blindness.

Mental Impairments

Cognitive Impairment (CI) Cognitive Impairment (CI) Cognitive Impairment (CI) Cognitive Impairment (CI) Cognitive Impairment (CI) Students identified with a cognitive

impairment have mild, moderate or severe mental impairments as identified

upon a comprehensive evaluation by a multidisciplinary team. Cognitive

impairments shall be manifested during the developmental period and

determined through the demonstration in several areas, including; adaptive

behavior, low developmental rates on intellectual measures, depressed scores

on standardized tests of reading and arithmetic and general lack of

development in the cognitive domain. The impairment must adversely affect a

students educational performance.

SeverSeverSeverSeverSevere Multiple Impairment (SXIe Multiple Impairment (SXIe Multiple Impairment (SXIe Multiple Impairment (SXIe Multiple Impairment (SXI) Students identified with severe multiple

impairments have more than one disability, for example, they may be both

blind and have a cognitive impairment. Their combination of impairments

causes such severe education problems that placement in a special education

program for one of their disabilities is not sufficient.

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Resources for Parents

The following represents a few of the resources available to support parents

of students with disabilities. Many resources, organizations, and support

groups, locally and state-wide, have been established with parent support

as the focus. The Resource Guide for Children and Adults with Developmental

Disabilities and Their Families in Oakland County is an excellent resource thatprovides comprehensive information for parents. PAC parents and district

special education administrators can further assist parents in locating

additional resources.

ARC of Oakland County Leukemia Foundation of Michigan

1641 W. Big Beaver Road 29777 Telegraph Road

Troy, MI 48084-3501 Southfield, MI 48076

(248)) 816-1900 (248) 353-8222

Autism Society of Oakland County MI Child - Oakland County Health Div.

6320 Wimbley Lane 1200 N. Telegraph Road

West Bloomfield, MI 48323 Pontiac, MI 48341-0432(248) 452-9183 (248) 858-0003

CAUSE Michigan Self Help Clearing House

Citizens Alliance to Uphold Special Education 4095 Legacy Parkway, Suite 500

3303 W. Saginaw Street Lansing, MI 48911-4263

Lansing, MI 48917-2303 (517) 484-7373 or (800) 777-5556

(517) 886-9167

MORC

CHADD of Southwestern Oakland Macomb Oakland Regional Center

41601 Fawn Trail 16200 19 Mile Road

Novi, MI 48374 Clinton Twp., MI 48038-0070

(248) 349-5825 (586) 276-8013

Easter Seal Society Oakland & Macomb Center for

22150 W. 9 Mile Road Independent Living

Southfield, MI 48034 3765 E 15 Mile Road

(248) 447-4711 Sterling Heights, MI 48310

(586) 268-4160

Foundation for Exceptional Children

16 Lake Shore Road Oakland County Services for

Grosse Pointe Farms, MI 48236 Developmentally Disabled

(313) 885-8660 1200 N. Telegraph Road

Pontiac, MI 48341

JARC (248) 858-1225

28366 Franklin RoadSouthfield, MI 48034 Oakland Family Services

(248) 352-5272 114 Orchard Lake Road

Pontiac, MI 48341-2244

Learning Disabilities Association of Michigan (248) 858-7766

200 Museum Drive

Lansing, MI 48933-1914 United Way of Oakland County

(517) 485-8160 50 Wayne Street

Pontiac, MI 48342

(248) 456-8805

RESOURC

ESFORPARENTS

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URCESFOR

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The first essential step is to go to the immediate source and establish the

facts. Please follow the steps below. The staff and administration areconcerned and want to resolve problems in the most expedient manner

possible.

First Step Teacher

Questions or concerns regarding instructional practices in your childs

classroom should first be directed to his/her classroom teacher during a

scheduled meeting or via a telephone conversation.

Second Step Building Principal

If more information is needed or you still have questions and/or concerns,

a discussion should be scheduled with your childs principal.

Third Step Program Director

Special Education, Building & Grounds, Transportation, Community

Education

If further information is needed or if questions or concerns are not

resolved at the principal level, a contact should be made with the

appropriate director.

Fourth Step Assist. Superintendent, Business Manager, Curriculum,

Human Resources/Support Services

If questions still persist after contacting the appropriate director, please

direct your concerns to an Assistant Superintendent or Business Manager.

Fifth Step Superintendent

A conference with the Superintendent is most appropriately made if

questions or concerns have not been adequately addressed at earlier

levels.

Sixth Step Board of Education

The last level of contact with the district about a question or concern is the

Board of Education. Please notify the Superintendents Office if you plan to

appeal directly to the Board. An agenda item entitled Public Participation

will allow you a five-minute presentation to the Board.

This six-step process for solving concerns has proven effective because it

attempts to resolve problems at the lowest levels and allows for the

efficient operation of the school district.

QUES

TIONSOR

CONCERNS

1717171717

Where Can You Go

With a Question or Concern?

QUESTION

SORCON

CERNS


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Procedural SafeguardsAvailable to Parents of

Students with Disabilities

Office of Special Education andEarly Intervention Services

July 28, 2005


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Table of Contents

Page

Introduction ........................................................................................1

Procedural Safeguards Notice................................................................1

Parent Consent ....................................................................................1

Limitation ...................................................................................2

Prior Notice to Parents ..........................................................................2

Parent Involvement ..............................................................................3

Meeting .....................................................................................3

Evaluation Procedures...........................................................................3

Independent Educational Evaluation .......................................................5

Mediation ............................................................................................5

Impartiality of Mediator................................................................6Written Agreement ......................................................................6

Impartial Due Process Hearing ...............................................................6

Subject Matter of Hearing ............................................................7

Resolution Session ......................................................................7

Hearing Officer ...........................................................................8

Decision of Hearing Officer ...........................................................9

Due Process Hearing Rights ...................................................................9

Administrative Appeal: Impartial Review ..............................................10

Civil Action ........................................................................................ 10

Students Status During Proceedings .................................................... 10

Award of Attorneys Fees.....................................................................11

Discipline ..........................................................................................12

Placement in Alternative Educational Setting .......................................... 12

School Personnel Authority ..................................................................12

Manifestation Determination ................................................................ 13

Special Circumstances ........................................................................ 14

Notification........................................................................................ 14

Determination of Setting .....................................................................14

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Appeal ..............................................................................................14

Authority of a Hearing Officer .............................................................. 14

Placement During Appeals ................................................................... 15

Protections for Students Not Yet Eligible for

Special Education and Related Services ................................................. 15

Basis of Knowledge ............................................................................ 15

Exception .......................................................................................... 16

Conditions That Apply if No Basis of Knowledge ...................................... 16

Limitations ........................................................................................ 16

Referral to An Action by Law Enforcement and

Judicial Authorities ............................................................................. 16

Transmittal of Records ........................................................................16

Students Enrolled in Private Schools ..................................................... 17

Transfer of Parental Rights at Age of Majority ......................................... 17

Surrogate Parents .............................................................................. 17

Access to Records .............................................................................. 18

Record of Access .......................................................................19

Fees for Searching, Retrieving, and Copying Records ..................... 19

Amendment of Records at Parents Request .................................. 19

Confidentiality .......................................................................... 20

Destruction of Information .........................................................20

Complaints ........................................................................................ 20

Rule of Construction ........................................................................... 21

IEP Addendum ...................................................................................21

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PROCEDURAL SAFEGUARDS AVAI LABLE TOPARENTS OF STUDENTS WI TH DISABILITIES

Introduction

This document provides parents of students with disabilities, from birth throughage 26, an overview of their educational rights with respect to special education.This document incorporates all procedural safeguards to parents and students

with disabilities afforded under the Individuals with Disabilities Education Act(IDEA) and the IDEA implementing regulations.

Procedural Safeguards Notice

A Procedural Safeguards Notice shall be provided to parents at least one timeper year, except a copy also shall be given to the parents on:

1. An initial referral or parental request for evaluation;

2. The first occurrence of the filing of a due process hearing;

3. Parental request; or

4. The day on which the decision to take disciplinary action involving a changein placement is made.

Parent Consent

Consent means that: (a) the parent has been fully informed of all informationrelevant to the activity for which consent is sought, in his or her nativelanguage, or other mode of communication; (b) the parent understands andagrees, in writing, to the carrying out of the activity for which his or her consentis sought, and the consent describes that activity and lists the records (if any)

which will be released and to whom; and (c) the parent understands that thegranting of consent is voluntary on the part of the parent and may be revokedat any time. However, if a parent revokes consent, that revocation is notretroactive.

Parent consent is not required before reviewing existing data as part of anevaluation or reevaluation, or when administering a test or other evaluation thatis administered to all students unless, before administration of that test orevaluation, consent is required of parents of all students. Parent consent is notrequired for the screening of a student by a teacher or specialist to determineappropriate instructional strategies for curriculum implementation and shall notbe considered to be an evaluation for eligibility for special education and related

services.

The public agency must obtain informed parentalconsent before conducting aninitialevaluation, any reevaluation, or initially placing a student with disabilitiesin a program providing special education and related services. Consent for aninitial evaluation may not be construed as consent for initial placement. If aparent does not provide consent for an initial evaluation, or the parent fails torespond to a request to provide the consent, the local educational agency maypursue the initial evaluation of the student through a due process hearing. If aparent fails to respond to a request for a reevaluation, the public agency mayconduct a reevaluation if it can demonstrate that reasonable measures to obtainparental consent have been taken.

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To conduct an initial evaluation, the district must seek parental consent andprovide notice, which includes the following:

1. The reason(s) and nature for an evaluation; and

2. A description of the types of special education programs and servicesavailable within the intermediate school district (ISD).

A local school district shall not provide initial special education programs andservices to a student if the parent refuses to consent to those programs orservices.

Limitation

A public agency may not use a parents refusal to consent to one service oractivity to deny the parent or student any other service, benefit, or activity ofthe public agency, except as required by the IDEA.

Prior Notice to Parents

The public agency must provide prior written notice to the parents of a childwith disabilities each time it proposes or refuses to initiate or change theidentification, evaluation, or educational placement of the student or theprovision of a free appropriate public education (FAPE) to the student.

The notice must include:

1. A description of where a parent can obtain a copy of the ProceduralSafeguards document;

2. A description of the action proposed or refused by the public agency, anexplanation of why the public agency proposes or refuses to take action, anda description of any options the public agency considered and the reasonswhy those options were rejected;

3. A description of each evaluation procedure, assessment, record, or reportthe public agency uses as a basis for the proposal or refusal;

4. A description of any other factors which are relevant to the public agencysproposal or refusal; and

5. A list of sources that the parent may contact to obtain assistance inunderstanding the content of the prior notice.

The notice must be written in language understandable to the general public,and be provided in the native language of the parent or other mode ofcommunication used by the parent, unless it is clearly not feasible to do so. Ifthe native language or other mode of communication of the parent is not awritten language, the public agency shall have the notice translated orally or byother means to the parent in his or her native language or other mode ofcommunication so that the parent understands the content of the notice. Thepublic agency must maintain written evidence that these requirements havebeen met.

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Parent I nvolvement

Each public agency shall provide notice to ensure that parents of children withdisabilities have the opportunity to participate in meetings with respect to theidentification, evaluation, and educational placement of the child and theprovision of a FAPE.

Meeting

A public agency shall take steps to ensure that one or both of the parents of achild with a disability are present at each individualized education program (IEP)meeting, or are given the opportunity to participate.A meeting does not includeinformal or unscheduled conversations involving public agency personnel andconversations on issues such as teaching methodology, lesson plans, orcoordination of service provision if those issues are not addressed in thestudents IEP. A meeting also does not include preparatory activities that publicagency personnel engage in to develop a proposal or response to a parentproposal that will be discussed at a later meeting.

Each public agency shall ensure that the parents of each student with adisability are included asmembers of any group that makes decisions on the

educational placement of their child. If neither parent can participate in ameeting in which a decision is to be made relating to the educational placementof their child, the public agency shall use other methods to ensure theirparticipation. An initial placement may not be made without the consentofaparent. However, other placement decisions may be made by a group withoutthe involvement of the parent(s) if the public agency is unable to obtain theparents participation in the decision. The public agency must have a record ofits attempt to ensure the parent(s) involvement.

The public agency shall make reasonable efforts to ensure that the parentunderstands and is able to participate in any group discussion relating to theeducational placement of his or her child, including arranging for an interpreter

for the parent with deafness or whose native language is other than English.

Evaluation Procedures

Evaluation means procedures used in accordance with 34 CFR 300.530 to300.536. An evaluation will determine whether a student is a student with adisability, the nature and extent of the special education and related servicesthat the student needs, and provide information relating to the studentsinvolvement and progress in the general curriculum. Preschool children mustalso be assessed to determine participation in appropriate activities. The termalso means procedures used selectively with an individual student and does notinclude basic tests administered to or procedures used with all students in aschool, grade, or class.

The parent has the right to:

1. Have an interpreter/translator present if the primary language is not Englishor if the student is deaf/hearing impaired or visually impaired, unless it isclearly not feasible to do so;

2. Be assured that testing does not discriminate on the basis of race, language,or cultural background;

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3. Be assured that the assessments and other evaluation materials used toassess a student are provided and administered in the language and formmost likely to yield accurate information on what the student knows and cando academically, developmentally, and functionally, unless it is not feasible toprovide or administer;

4. Have evaluation instruments validated for the specific purpose(s) for whichthey were intended and administered by trained personnel in conformancewith the instructions provided by their producer;

5. Have the student assessed in all areas of suspected disability usinginstruments that assess specific areas of educational need and do notproduce merely a single intelligent quotient score. No single measure orassessmentis to be used as the sole criterion for determining an appropriatespecial education program for the student;

6. Be assured that if a test is administered to a student with impaired sensory,physical, or speaking skills, the test results accurately reflect what the testintends to measure rather than the students disability;

7. Have the initial evaluation made by a multidisciplinary evaluation team(MET), which includes a teacher or person knowledgeable in the area of thesuspected disability;

8. Be assured that the student is assessed in all areas related to the suspecteddisability including, if appropriate, health, vision, hearing, social andemotional status, behavioral factors, general intelligence, academicperformance, communicative status, and motor ability;

9. Have an evaluation that is sufficiently comprehensive to identify all of thestudents special education and related services needs, whether or notcommonly linked to the disability category in which the student has beenclassified;

10. Provide the MET with information about the students suspected disability,along with any evaluation the parent may have obtained for the student;

11. Be assured that a variety of assessment tools and strategies are used togather relevant functional, developmental, and academic information aboutthe student, including information provided by the parent and informationrelated to enabling the student to be involved in and progress in the generalcurriculum;

12. Have an initial evaluation conducted by a MET andconvene an IEP meetingwithin 30 school days after the school has received the written permission toevaluate. This timelinemaybe extended by agreement between the parentsand the agency;

13. Expect a reevaluation every three years, unless the parent and the localschool district agree that a reevaluation is unnecessary;

14. Request areevaluation not more frequently than once a year, unless theparent and local educational agency agree otherwise;

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15. Be notified of each evaluation procedure, test, record, or report the IEP Teamused in determining eligibility and the need for special education programs orservices; and

16. Be assured that a local district will coordinate prior assessments of studentswith disabilities who transfer from one school district to another in the sameacademic year as necessary and expeditiously as possible to ensure promptcompletion of full evaluations.

Independent Educational Evaluation

An independent educational evaluation (IEE) means an evaluation conductedby a qualified examiner who is not employed by the public agency responsiblefor the education of the student in question. An IEE at public expense meansthat the public agency either pays for the full cost of the evaluation or ensuresthat the evaluation is otherwise provided at no cost to the parent.

The parent of a student with a disability or suspected disability has the right toobtain an IEE of the child. A parent has the right to an IEE at public expense ifthe parent disagrees with any evaluation obtained by the public agency.

However, the public agency may initiate a due process hearing to show that itsevaluation is appropriate. The public agency shall respond, in writing, to theparents request for an IEE within seven calendar days of the parents writtenrequest. If the final decision is that the evaluation is appropriate, the parent stillhas the right to an IEE, but not at public expense. If the parent obtains an IEEat his/her own expense, the results of the evaluation must be considered by thepublic agency in any decision made with respect to the provision of a FAPE tothe student, and may be presented as evidence at a due process hearingregarding the student.

If a hearing officer requests an IEE as part of a hearing, the cost of theevaluation must be at public expense. Each public agency shall provide to theparent, on request, information about where an IEE may be obtained. When anIEE is at public expense, the criteria under which the evaluation is obtained,including the location of the evaluation and the qualifications of the examiner,shall be the same as the criteria which the public agency uses when it initiatesan evaluation to the extent those criteria are consistent with the parents rightto an IEE.

Mediation

Mediation is available to all parties whenever a dispute arises with respect tospecial education, including but not limited to when a hearing is requested or

when a complaint is made.

The IDEA mediation requirements are:

1. Mediation is free and voluntary, including costs of meeting to encouragemediation;

2. Mediation cannot be used to deny a parents right to a due process hearing;

3. Mediation must be conducted by a qualified and impartial mediator;

4. The state must maintain a list of individuals who are qualified mediators whoare knowledgeable about the laws and regulations on special education;

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5. Mediation shall be scheduled in a timely manner in a convenient location;

6. Both parties must agree with the selection of the mediator;

7. Parties who resolve the complaint through the mediation process shallexecute a legally binding agreement;

8. Discussions occurring during mediation must be confidential and may not beused as evidence in subsequent due process or civil proceedings; and

9. Parties to mediation may be required to sign a confidentiality pledge beforethe mediation process begins.

Impartiality of Mediator

An individual who serves as a mediator:

1. May notbean employee of any local educational agency or any stateagency;

2. May not be an employee of a state educational agency that is providingdirect services to a student who is the subject of the mediation process; and

3. Must not have a personal or professional conflict of interest.

Written Agreement

A legally binding agreement executed as the result of the parties resolving thecomplaint through mediation shall:

1. State that all discussions that occurred during the mediation process shall beconfidential and may not be used as evidence in any subsequent due processhearing or civil proceeding;

2. Be signed by both the parent and a representative of the agency who hasthe authority to bind such agency; and

3. Be enforceable in any state court of competent jurisdiction or in a districtcourt of the United States.

Impartial Due Process Hearing

A parent or a public agency may initiate a hearing regarding the public agencys

proposal or refusal to initiate or change the identification, evaluation, oreducational placement of the student, or the provision of a FAPE to the student.The alleged violation shall not have occurred more than two years before thedate the parent or public agency knew or should have known about the allegedaction that forms the basis of the due process hearing.

The two-year timeline shall not apply to a parent if the parent was preventedfrom requesting the hearing due to:

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1. Specific misrepresentations by the local educational agency that it hadresolved the problem forming the basis of the due process hearing; and

2. The local educational agencys withholding of information from the parentthat was required to be provided to the parent.

When a due process hearing is initiated, the public agency shall inform theparent of the availability of mediation.

A parent must give notice to the public agency, as appropriate, when filing arequest for a due process hearing. The notice request must contain thefollowing information:

1. The name of the student, address of residence of the student (or availablecontact information in the case of a homeless child or youth), and the nameof the school the student attends;

2. A description of the nature of the problem, including related facts; and

3. A proposed resolution of the problem to the extent known and available to

the parent at that time.

A parent may not have a due process hearing until the parent, or the attorneyrepresenting a parent, provides a due process hearing notice that includes theabove information to the other party and forwards a copy of such notice to thestate educational agency.

This notice must remain confidential.

A model form is available at the ISD to assist the parent in filing due processhearing requests.

A hearing will be conducted by the public agency directly responsible for theeducation of the student.

The public agency shall inform the parent of any free or low-cost legal and otherrelevant services available in the area if the parent requests the information orthe parent or the public agency initiates a due process hearing.

Subject Matter of Hearing

The party requesting the due process hearing shall not be allowed to raiseissues at the due process hearing that were not raised in the filed due process

notice unless the other party agrees otherwise.

Resolution Session

Prior to the opportunity for an impartial due process hearing, the localeducational agency shall convene a meeting with the parents and the relevantmember(s) of the IEP Team who have specific knowledge of the facts identifiedin the complaint. The meeting shall:

1. Occur within 15 calendar days of receiving notice of the parents complaint;

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2. Include a representative of the agency who has decision-making authority onbehalf of the agency;

3. Not include an attorney of the local educational agency unless the parent isaccompanied by an attorney;

4. Be a place where the parents of the child discuss their complaint, and thefacts that form the basis of the complaint, and the local educational agencyis provided the opportunity to resolve the complaint, unless the parents and

the local educational agency agree in writing to waive such meeting or agreeto use the mediation process.

If the local educational agency has not resolved the complaint to the satisfactionof the parents within 30 days of the receipt of the complaint, the due processhearing may occur and all of the applicable timelines for a due process hearingshall commence.

In the case that a resolution is reached to resolve the complaint at a resolutionsession, the parties shall execute a legally binding agreement that is:

1. Signed by both the parent and a representative of the agency who has the

authority to bind such agency; and

2. Enforceable in any state court of competent jurisdiction or in a district courtof the United States.

If the parties execute an agreement as a result of the resolution session, a partymay void such agreement within three business days of the agreements execution.

Hearing Officer

A due process hearing may not be conducted by a person who is an employee ofa public agency which is involved in the education or care of the student, or by

any person having a personal or professional interest which would conflict withhis or her objectivity in the due process hearing. A person who otherwisequalifies to conduct a due process hearing is not an employee of the publicagency solely because he or she is paid by the public agency to serve as ahearing officer.

A person who qualifies to conduct a due process hearing, at a minimum,possesses:

1. Knowledge of and the ability to understand the provisions of the IDEA,federal and state regulations pertaining to the IDEA, legal interpretations ofthe IDEA by federal and state courts;

2. The knowledge and ability to conduct hearings in accordance withappropriate, standard legal practice; and

3. The knowledge and ability to render and write decisions in accordance withappropriate, standard legal practice.

Each public agency shall keep a current list of persons who serve as hearingofficers; this list is developed and distributed by the Michigan Department ofEducation (MDE). This list shall be provided to the parent upon any request fora hearing. The list must include a statement of the qualifications of each ofthose persons.

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Decision of Hearing Officer

The public agency shall ensure that a final hearing decision is reached andmailed to the parties within 45 calendar days after the receipt of a request for ahearing, unless the hearing officer grants a specific extension at the request ofeither party.

The decision made in a due process hearing is final unless a party to the hearing

appeals the decision under the procedures for impartial administrative appealdescribed below.

A decision made by a hearing officer shall be made on substantive groundsbased on a determination of whether the student received a FAPE.

In matters alleging a procedural violation, a hearing officer may find that astudent did not receive a FAPE only if the procedural inadequacies:

1. Impeded the students right to a FAPE;

2. Significantly impeded the parents opportunity to participate in the decision-

making process regarding the provision of a FAPE to the parents child; or

3. Caused a deprivation of educational benefits.

Due Process Hearing Rights

Any party to a hearing has the right to:

1. Be accompanied and advised by counsel and by individuals with specialknowledge or training with respect to the problems of students with disabilities;

2. Present evidence and confront, cross-examine, and compel the attendance ofwitnesses;

3. Prohibit the introduction of any evidence (including evaluations andrecommendations based on those evaluations) that has not been disclosed tothat party at leastfive business days before the hearing; and

4. Obtain written or, at the option of the parent, an electronic findings-of-fact anddecisions at no cost to the parent. After deleting any personally identifiableinformation, the public agency shall transmit those findings and decisions to thestate advisory panel and make them available to the public.

A parent involved in hearings must be given the right to have the student who isthe subject of the hearing present and to open the hearing to the public.

Each hearing must be conducted at a time and place which is reasonablyconvenient to the parent and student involved.

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Administrative Appeal: Impartial Review

Any party aggrieved by the findings and decision in the hearing may appeal tothe MDE within 25 calendardays of receipt of the decision. If there is an appeal,the MDE shall conduct an impartial review of the hearing not later than 30calendardays after the receipt of a request for a review. The official conductingthe review shall:

1. Examine the entire hearing record;

2. Ensure that the procedures at the hearing were consistent with therequirements of due process;

3. Seek additional evidence, if necessary. If a hearing is held to receiveadditional evidence, the hearing rights described above apply;

4. Afford the parties an opportunity for oral or written argument, or both, at thediscretion of the reviewing official;

5. Make an independent decision on completion of the review;

6. Give a copy of written or, at the option of the parent, electronic findings-of-fact and the decision to the parties;

7. Conduct reviews involving oral arguments at a time and place which isreasonably convenient to the parent and student involved; and

8. A hearing officer may grant specific extensions of time at the request ofeither party.

Civil Action

Any party aggrieved by the findings and decision made in an administrativereview has the right to bring a civil action in state or federal court. The partybringing the action shall have 90 days from the date of the decision of thehearing officer to bring such an action.

Students Status During P roceedings

During pendency of any hearing or judicial proceeding, the student involved inthe hearing must remain in his or her present educational placement unless thep

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