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Mediation, Citizen Complaints and Due Process and Complaints

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Janice Shave, OAH. Karen Davis, SOMTG. Pam McPartland, OSPI. Mediation. 392-172A-05060 to 05075 ... Sound Options Mediation and Training Group facilitates ... – PowerPoint PPT presentation

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Title: Mediation, Citizen Complaints and Due Process and Complaints


1
Mediation, Citizen Complaints and Due Process and
Complaints
  • 2009 WASA Conference
  • Janice Shave, OAH
  • Karen Davis, SOMTG
  • Pam McPartland, OSPI

2
Mediation 392-172A-05060 to 05075
  • Mediation is voluntary-Parents and Districts must
    agree.
  • OSPI pays for cost of mediation
  • Sound Options Mediation and Training Group
    facilitates mediation, including times and
    location.
  • Mediators are neutral

3
Mediation Tips
  • Come prepared to
  • Listen
  • Offer solutions
  • Focus on the future and needs of the student
  • Work cooperatively

4
Citizen Complaints WAC 392-172-05025 to 05045
  • Citizen Complaint review is through OSPI
  • Anyone may file written complaint alleging
    violations of IDEA and alleging that a district
    is not implementing a mediation or resolution
    agreement.
  • Investigation timeline is 60 days
  • Parties may agree to extend timeline to mediate

5
Complaint Tips
  • The rules require that you admit or deny each
    allegation.
  • Information from the complainant is shared with
    the district. Information from the district is
    shared with the complainant.
  • The clearer your response, the less likely we
    will have to request additional information
  • Prepare staff for the possible need for
    interviews or on-site visits

6
Due Process WAC 392-172A-05080 to 05125
  • Parents or Districts may file hearing request
  • Parent or District must file request with
    specific information on the other party with a
    copy to OSPI.
  • When Parent file, 45 day hearing timeline begins
    30 days after filing, for a resolution session
    period. Districts must convene within 15 days

7
Due Process, continued
  • If resolution is achieved, complete a written
    agreement, which is enforceable in court. (3 day
    cancellation period.)
  • Other party must file an answer to the complaint.
  • Hearings are under oath and heard by
    administrative law judges.
  • Decisions may be appealed. Parents may file a
    complaint if district does not implement the
    decision.

8
Due Process, Discipline
  • Hearing to occur 20 school days after request,
    decision issued 10 school days after hearing.
    Resolution hearing required within 7 days of
    parents due process hearing request.

9
Due Process Tips
  • Be aware of all timelines
  • Be prepared
  • Be courteous in the hearing

10
Thank you!
  • OSPI Special Education
  • (360) 725-6075
  • OSPI Administrative Resources
  • (360) 725- 6133
  • OAH
  • (206) 389-3400
  • SOMTG
  • (800) 692-2540
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