The Special Education Ombudsman Program and Citizen Complaint Process Issues and Strategies

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The Special Education Ombudsman Program
and Citizen Complaint Process Issues and
Strategies

• Kristin Hennessey Pamela McPartland
• Special Education Ombudsman Program Supervisor
• kristin.hennessey_at_k12.wa.us pamela.mcpartland_at_k12
  .wa.us
• Office of Superintendent of Public Instruction
• Special Education Section
• [phone]

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Expectations

• Overview of both processes
• Issues commonly addressed
• Strategies for reducing conflict
• Comments/Questions

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Ombudsman Overview

• Created by Legislature in 2005
• Separate from Education Ombudsman in Governors
  office
• Provide resources and strategies to parents
• Inform parents of dispute resolution options
  under IDEA
• Follow up with district if needed

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Issues

• Behavior/Discipline
• Treating suspensions as suspensions, not early
  dismissals
• FBAs (underutilized, not always coordinated with
  BIP development)
• Counter-productive ways of addressing behaviors
• Following general AND special education
  requirements (and informing parents)

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Issues (continued)

• Referral timelines (responding to parent
  requests, initiating district referral when
  required)
• Transition
• Placement (LRE)
• Provision of accommodations
• WASL participation

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Ongoing Concerns

• Parent participation
• Meeting times
• Required IEP team members
• Informed consent
• Draft IEPs
• Communication challenges
• Inefficient meetings
• Interpretation of agreements
• Getting along/not getting along

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Ongoing Concerns (continued)

• Lack of understanding regarding the basic
  components of special education

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Meeting strategies

• Be clear about how meeting is ending
• What you agree on
• What you dont agree on
• Whether or not you will meet again to finish
  the IEP or to resolve areas of disagreement
• Whether this is the IEP proposed to be
  implemented even with disagreement

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Overview of Citizen Complaint Process

• Filing a citizen complaint is one of three
  resolution processes offered under IDEA.
• Investigations are by OSPI staff.
• Any person or organization may file.
• District must conduct own investigation first.
• May be extended if parents agree to mediate
• May not proceed on issues subject to due process
  hearing

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Responding to Complaints

• Respond to the allegations.
• Propose corrective actions when you know a
  violation has occurred.
• Respond in a neutral manner. Dont escalate the
  dispute.
• Attach relevant documentation. Organized
  responses are always appreciated.
• Consider mediation.

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Recurring Issues in Complaints

• Completing the IEP. What happens when IEP teams
  do not reach consensus.
• IEP team members. Who is at the meeting. Who
  signs the IEP. Amendments vs. excusals.
• Responding to parent requests. A.k.a prior
  written notice.
• IEP content (accommodations, goals, aides,
  transition.
• Implementation of IEP upon transfer
• IEP then Placement

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Bottom line Communication

• If you have nothing to say, say nothing. -- --
  Mark Twain
• You can have brilliant ideas, but if you can't
  get them across, your ideas won't get you
  anywhere. -- Lee Iacocca
• Courage is what it takes to stand up and speak
  courage is also what it takes to sit down and
  listen. -- Winston Churchill

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More Quotes to Share

• Speak when you are angry and you will make the
  best speech you will ever regret. -- Ambrose
  Bierce
• If there is any great secret of success in life,
  it lies in the ability to put yourself in the
  other persons place and to see things from his
  point of view - as well as your own. -- Henry
  Ford

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Resources

• Navigating the School System Interactive PILOT
  Training (Brain Injury Partners) Presenting clear
  and concise information about your child
• http//free.braininjurypartners.com/page/11150/
• Dispute Resolution Information
• http//www.k12.wa.us/SpecialEd/mediation.aspx
• Resolution Session Information
• Resolution Meetings A Guide for Parents
• http//www.directionservice.org/cadre
• IDEA information
• http//idea.ed.gov

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Final Quote

• "The best way to escape from a problem is to
  solve it.
• -- Alan Saporta

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Questions/Comments???