A Guide  to Parent Rights in Special Education

Special Education Procedural Safeguards Notice

April  2017

Depar tment
of Education

About Special  Education

Spec1 al education, for students ages 3 to 21, 1s gui ded by federal and state requirements. The federal requirements are referred to as the Indivi duals with Disabili ties Educati on Act (IDEA} The state requirements are referred to as the Ohio Operating Standards for the Education of Chil dren  w1th
Di sabilities (Ohi o Operatmg Standards).

This gu1de can heI p you understand your nghts and your  child's rights accordmg to IDEA and the Oh1o Operating Standards. It also g1ves you information and resources  to help you understand your child's special  education supports and ser v1ces

Your local school  d1stnct also can help you understand your  nghts under thi s law  If you have questions about the Information in thi s guide, please contact the director of special  educati on for your di stnct

Your School Contact  for Special Education

D1 strict Please add  the following information to this interactive section:

Special Education  Director: Phone number:
Email address:

Ohio Department of Education  Contact for Special Education

(Phone) 614-466-2650 (Toll free) 877-644-6338 (Fax) 614-728-1097
25 S.  Front Street, Mail Stop 409
Columbus, Ohi o 4321 5

Exceptionalchildren@education.ohio.gov

For callers us1ng a tel etypewriter (TT Y), please call  Ohi o Relay Servi ce at (800) 750-0750.

Addi tio nal Contact Informati on http:/lbit.ly/2hgiNa1

Introduction  to this Guide of Parent Rights

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

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

•  If your school district wants  to  have your  child evaluated because it thinks your  child may
have a disability;

•  If you file (submit) a complaint- in writing -with the Office for Exceptional Children at the
Ohio  Department of Education, and  it is your  first complaint of the school year;

•  If you file (submit) a request- in writing- with the Office for  Exceptional Children at the
Ohio  Department of Education for  a due process hearing regarding your  child's education, and it is the  first  time in the school year you have asked  for  one;

•  If your  child has been removed from school for  disciplinary (behavior) reasons- and your child has already been removed from school for 10 days or more during the current school
year; or

•  Any time  you ask for a copy of  the guide.

Table of Contents

General Information  ................................................................................................... 5

Informed Parental  Consent
Is Your Child  Eligible for Special  Education? Independent Educational Evaluations PriorWritten Notice

Educational Records ................................................................................................  10

Accessibility of Records

Dispute Resolution  ..................................................................................................  12

Dispute Resolution Process Early  Complaint Resolution Facilitation
Mediation
Filing a State Complaint
State Com plaint Process
Filing a Due Process Complaint Due Process Timeline and Process Due Process Resolution
The Hearing Process
Appealing a Decision
ChiId's Status During Due Process
Attorney's Fees

Discipline  .................................................................................................................. 29

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

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

Reimbursement Determination Process

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

When Notification Happens

General Information

Informed Parental Consent

Informed parental consent means that you and/or the distnct -appointed surrogate parent g1ve permission,  in writing, for the school distnct to take an acti on. Your permssion also means the distnct gave you information about the proposed action. Your child's  school  distnct must get this permiSSIOn from you, 1n writing,  to do certain th1ngs related to your child's spec1al education. The school district must  get your wntten permission:

•  Before the district evaluates your child for the first time to f1nd out if your child needs special education and related services;

•  Before the district starts  g1ving your child the speCial education services listed 1    n h1s or her f1 rst individualized education program, also called an IEP;

• Before the district reevaluates your child to find out 1f your child's needs have changed;

• Before the district conducts extra assessments with your child
An example would be a Functional Behav1or Assessment;

•  Before the district changes  your child's  educational placement
Thi s does not have to mean a change  in location. Instead, 1t means a change 1n your child's educational program; and

What  is a Surrogate  Parent?

A surrogate parent is an individual who  may  represent a child  with a disability in all matters related to qualifying for and receiving special education services.

The school district where you live appoints a surrogate parent whenever any of the following occur:

• The parent cannot be identified;

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

• Before the district g1ves information about your  child to someone other than those listed in state or federal law

• The child  is an unaccompanied homeless youth; or

• The child  is a ward  of the state.

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

• The district IS revi ewing  existing student 1nformat1on as par t of the evaluation/reevaluati on process; or

• The district conducts assessments with your chil d that  are admmi stered to all students

To Give Your Informed Parental Consent, the District:

• Must make sure 1   t has used your  native language, or another form  of communicati on you understand, to give you all the information you need to make a deCision;

• Must make sure you understand and agree  1   n wntlng for the di stri ct to carry  out an activity and  your consent describes the activity, as well as any of your  child's records that  will be shared w1th others  and w1th whom;

• Must make sure you  understand that  you are gi ving your  consent by your own cho1ce and you  can change your m1nd at any  time;

• Must make sure you understand that  if you withdraw your consent, the  di stri ct does not have to undo  any  action 1t took bet ween the time you gave per miss1on and the time you wi thdrew it.

Withdrawing Consent

W1thdrawmg consent means  that you take away your  perm1ssi on. You may withdraw your  consent at any time 1   f you dec1 de you no l onger  want  your child to recei ve spec1al educa tion serv1ces as offered  in your  child's IEP. You must  do th1 s in writing.

Then, your school  distnct:

• Must stop prov1ding your child the special  education services in the IEP, but  before  1t stops providing the servi ces, the di stri ct must  give you notice in writing that  it IS stoppmg the services. The notice the district gi ves you is
call ed a pnor wri tten notice.  Th1 s pri or written noti ce must  meet  the requirements set for th in the Pri or Wri tten
Notice section on page 9 of this gu1 de.

Once the di stri ct has given you th1s pri or wntten noti ce stating that it will no l onger  provi de special  education services to your child and once servi ces stop, the distnct no longer considers your ch1ld eli gible for spec1 al education and will

1 nstead consider your chil d a general  education student

Is Your Child Eligible for Special Education?

To be eli gible s1mpl y means  that  your  child has been found to need certa1n educa ti onal ser v1ces because of one or more  disabiliti es. The Individual s w1th Di sabilities Education Act (IDEA) requires students w1 th di sabilities to receive special educati on and/or related serv1ces. To be consi dered a student w1th
a d1 sab1 lity under  th1s law, your  child must  requ1re special  education and/or related ser v1ces because of his or her disabil1 ty 1n one or more of the following disability categories

• Intell ectual disability;

• Heanng I mpairment;

• Speech or language impairment

• Visua l  1mpa1rment;

• Emotional disturbance;

• Orthopedi c 1    mpa1rment;

• Autism;

• Traumatic brain  inJury;

• Other  health 1    mpairment;

•  Specific learning disab1l1 ty;

• Deafness;

• Deaf -blindness;

• Mul tiple disabiliti es; or

• Developmental delay

Native  Language  or Other
Mode of Communication

All the meetings you attend, your child's  evaluation and all notices you receive must  be  written or spoken in your native language
or other mode of communication

you use.

All tests and other materials used to evaluate your child  must  be in your child's  native language- or another means  of communication that  will  give  the district accurate information on what  your child knows and can do academically, developmentally and functionally, unless clearly not  feasible to provide or administer.

Ask the District  to Evaluate  Your Child

If you th1 nk your  child may have a d1 sab1 lity that I S affecting his or her educati on, you can ask the district to evaluate your  child  to determine whether he or she woul d be el1g1bl e for speoal education (cons1dered a
ch1ld w1 th a disabili ty under  IDEA) The school  di stnct also can ask you at any ti me 1   f you want  your  child to be evaluated 1f di stri ct staff members thmk your child may need special  education. In either case, after the
school district has gotten your  perm1ssi on (consent) in writing, it must fin1sh the in1tial (first) evalua tion within
60  calendar days

If a Child is a Ward of the State

If a child is a ward of the  state  and not l1 ving with his or her parent, the school  d1stnct does not need consent from the parent for an in1 tlal eval uati on to determ1ne if the child IS a child w1th a disability 1   n the followmg Situati ons

• If, despite reasonable efforts to do so, the school di stri ct cannot l ocate the child's parent;

• The rights of the parents have been terminated; or

• The rights of the parents have been ass1gned by a JUdge to an Individual who consents to the in1tial evaluation.

Independent Educational Evaluations (lEE

An Independent educational  eval uation (lEE) al so is called an outs1de evaluation. The school district will pay for th1s outs1de evaluation only if it has already  done its own  evaluation of your chil d and you d1sagree w1th what the distnct found. The purpose ts to ftnd out 1   f your child needs speetal education, or continues to need spec1al education. The person who evaluates  your cht ld for this outstde evaluation cannot work  for your child's school  dtstnct. You, as a parent have the right, at any tl me, to arrange and pay for an outs t de evaluation for your child. Once you disagree w1th your district's evaluation of your chil d and ask for an outsi de evaluati on, your district must take one of these actions wtthout unnecessar y delay:

• The school district must tell  you about where  you can obtain an outs1de evaluation of your child on your own and 1    nform  you of the cntena necessary for the distnct to pay for 1t   Once the di stnct agrees  and you get  the outs1 de evaluation, the distnct must pay the cost;  or

• The district must subm1t a request to the Ohi o Department of Education's Offi ce for E xceptional Children for a due process heanng (see page  21) because  i t disagrees wt th your request for an outs tde evaluation. This would be because  the district thinks 1ts own evaluation of your child was appropria te

Criteria  for Outside Evaluations

The same criteria that  appl y to evaluations that  the district conducts al so apply to outsi de evaluati ons that parents ar range and the di stri ct pays for. These cntena include where  your child goes for the evaluation and the experi ence of the person who examines  your child.  The district must pay the  full cost  of an outside eval uation that meets the district's cntena

If you request  an outsi de evaluation for your child, the d1stnct may ask you why you dtsagree  wtth the di stnct's evaluati on of your  child (that IS, the reasons you want  an outsi de evaluati on), but you do not have to explain thi s unless you wish to do so. You only have the nght to one outstde evaluation pa1d for by the distri ct, per each time the dtstnct evaluates  your child and you disagree w1th the dtstnct's evaluati on results.

Once your chil d has had an outside evaluation that meets the di stnct's cnteria,  regardl ess of who pays for 1t, the di strict must cons1 der the results of that evaI uation and determ1ne how 1t  will provtde your chil d a free appropriate public education (FAPE}

The Following Chart Shows the Different  Scenarios that Occur When

You Request an Outside Evaluation

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

The district provides an outside evaluation at district expense.

You request the district to pay for an Independent
educational evaluation

(outside evaluation)

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

The district thinks an outside evaluation Is not needed. The district asks for a due process hearing to explain why It thinks Its own evaluation of your child was appropriate.

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

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

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

If the hearing officer decides that the district's evaluation is not appropriate, the district will pay for the cost of your child's outside evaluation.

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

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

Prior Written Notice

Overview

A school distri ct must  give you a wntten noti ce (called a pnor  written notice) w1th1 n a reasonable amount of time  before 1t proposes or refuses to take certain actions. These acti ons mclude the dlstnct mitlating or changmg the i dentifi cati on, evaluation or education placement of your  child or the provi s1on of a free appropnate public education to your  child Pnor written notice 1 s a required spec1al education form

Prior Written Notice Contents

A pnor written notice must  prov1de enough detail  to allow  you to
par ti cipate 1   n your chi ld's educational ser v1ces decisi ons in an informed way  Specifically, the prior  wntten noti ce must 1nclude cer tain  contents, as outl1ned 1 n the accompanymg box on thi s page.

Prior Written Notice  in an Understandable Language

Pnor  written notice must  be provided in a language that IS understandabl e to the general public and 1t al so must be written in your native language or other mode of commun1cat1on unl ess 1t i s clearl y not  practi cal to do so

If the parent's native language or other mode  of communication I S not a wntten language, then the di stri ct needs  to take steps to ver bally  translate the pnor  written notice, or by another understandable way, in the parent's nati ve language or other mode of communicati on. The district will need
to make  sure that 1t can show, in writing, that the pri or wntten notice was translated appropnately and  that  the parent understood 1ts contents

Educational Records

Accessibility of Records

The Family Educati onal Rights and Pri vacy Act (FERPA) tS a federal law that gt ves parents certatn nghts to inspect and revtew their chtldren's education records.  Rtghts under  FERPA transfer from the parents to the student when the student turns 18 years old or begins attending postsecondary school  (e. g., a college or unt verstty), whi chever occurs  first

What  Are Education  Records?

Whether certa t n tnformation about a student i s protected by FERPA depends on whether the item meets  the meantng of education record FERPA defines  education records as:

1.  Records that are directly related to one specifiC  student Sometimes schools  call thts personally 1 denttfiable Information; and

2.  Records that are kept  by an educati on agency or tnsbtution (for example,  your school distri ct) or by a party acting for that agency

Maintenance  and Confidentiality of Records

Educati on records may be maintatned in many  ways. Some exampl es are:

• Handwntten;

• Pnnt;

• Computer;

•  Video or audto tape; or

• Film, mt crofilm or microftche

Student records are confi dential, meaning they are private. The school district or agency must  protect the privacy of your child's records when it collects, stores, releases or destroys them.

Reviewing Your Child's Records

The school  dtstnct must all ow you to revtew your  cht ld's education records without unnecessar y delay and before any IEP team meeting or any due process proceeding tn whtch you are involved. The district cannot wait more than 45 days from the date of your request to all ow you to vtew the records.

You have the right to review  onl y Informati on in the record that i s about your child. You have a nght to ask the school for an explana tion of your child's records. You have a nght to have someone,  who  I S acttng on your behalf, examine the records (such as a fnend or lawyer)

The dtstnct may provtde you cop1es of your chil d's records; however the district must provtde you with copi es 1f fa1lure to do so would prevent you from exercising your nght to review the records. You al ways have the ri ght to recet ve copies of the records at your expense.

Changes to Education  Records

You have the right  to ask the school  di stnct to change wrong or mi sleading I nformati on in your  child's education records. Your child's school does not have to change the education records pursuant to your request (just  because you ask), but the school must consider your  request If the school  deCides not to change your ch1 ld's record as you asked, the school must tell you that you have the nght to a heanng to talk about the matter.

After  the hearing, 1f the school still deCides not to change an educati on record, you have the nght to include your statement on the matter 1n your  chil d's record Th1s statement must rema1 n a part of your  child's record The option to wnte a statement to go in your  child's record ex1sts only if the records contain wrong information. You cannot use such a statement to challenge a grade  your child has rece1ved, an 1    ndiv1dual's op1nion or a substantive dec1sion made  by the school about your  child

Sharing of Education Records

Usually, the school di stri ct must get your  permiss1on 1n  wnting if it wants  to share education records that 1dentify your child w1 th someone other than you  However, there are some I nstances when  your  perm1ssi on i s not required To find out more about when a dlstnct does not have to get your  wntten perm1ssi on to share records, see FERPA general guidance for parents on the U.S  Department of Education's website at www.ed.gov.

Dispute Resolution

Dispute Resolution Process

If you are concerned about the education of your ch1ld w1th a disabil1ty, the first step I S to work  w1th your  school d1stnct. To begin, contact your student's teacher or your district's spec1al education director. Tell the person what you are thinking If you and the distnct do  not agree about your concern, there  are ways you can work  together to sol ve the problem

These processes have formal names  that  your school district may use, but  this guide will help you understand what  those names mean and how you and  the school  can help your child The following section describes these processes or methods you can use to work  w1th your d1stnct.

Administrative Review

If you disagree w1th your  school  d1stnct's deCISI On regard1ng the  education of your  child with a disability, you can submit a complaint to the d1stnct's admini stration. In response, your  district supenntendent (or a des1gnee) will conduct an administrative rev1ew  This rev1ew may include an administrative heanng.

The review  and the admini strati ve hearing, if one I S hel d, must  occur  at a time  and place  that works  for all requwed
parti cipants. Both you and the district can 1nv1te others to attend the  revi ew or administrative hearing. For example, you could invite o ther family  members or a fnend, so meone knowledgeable about spec1al education, or a lawyer. If your  chil d IS educated in a program run by a county board of developmental disabilities or other publ1c education agency, the district must consult with the board or agency  for the administrative review

In rev1ewing the situation, every  effort should be made to resol ve the d1sagreement  about your  ch1ld's educati on. The superintendent (or a desi gnee)  will hear both sides of the disagreement and make a dec1sion. Once a dec1sion is reached, the superintendent must  notify you, 1n wntlng, of the decis1on. Th1s must happen within 20 days of when  you first notif1ed the district about your concern.

Additional Processes You Can Try

If you have completed th1s process  and you and the school di stri ct still do not agree about how  to resol ve the problem, there are more  processes  you can tr y Wh1le you are not required to request an administrative revi ew before mov1 ng on to the other di spute resolution processes, 1t i s encouraged There are additional options you can use to resolve the problem. The Oh1o Depar tment of Educati on's Off1ce for Exceptional Children can get  involved and assist you with your  request for additional tools to help resolve your concerns. The foll ow1ng entitles can also help you

• Your l ocal State Suppor t Team (Reg1on #  	) at (phone #  	)
The parent  and famil y consultant at the State Support Team will  work  w1th you.

• Your l ocal parent mentor, 1f your  school  district has one.

A parent mentor prov1des information and suppor t to families of a child with  a d1sability and school di stri cts. The parent mentor IS a d1stnct employee and also a parent of a ch1l d w1th a disabil1ty

For more  Information contact  	_

• Ohi o Coal1tion for the Education of Children with  Disabilities (OCECD)

The OCECD I S a statewi de nonprofit organization that  serves fam1li es of infants, toddlers, children and youth with disabilities 1n Oh1o, and educators and agenCies  who  provi de services  to them.  OCECD's programs help  parents become Informed and effective representati ves for their children 1n all
educa tional settmgs.

For more I nformation, contact the OCECD at (740) 382-5452 or v1s1t the OCECD webs1te at www.ocecd.org.

Early Complaint  Resolution

Early complatnt resolution IS when you  attempt to settle your  differences with the  school dlstnct tnformally and  typi cally before you star t utilizing other di spute resoluti on options. Someone from the Oh1 o Depar tment of Education's Off1ce for Exceptional Children w1ll work w1th you to help you address your  questions and  concerns about your  child's education

The  O h1o Department of Educati on encourages earl y complaint resol ution before you ask for  more formal processes, such as wntten complaints or due  process heanngs. You may contact someone at the Ohi o Depar tment of Education's O ffi ce for Exceptional Children to help address your questions and concerns about your child's educa tion. To talk  to someone about early complatnt resolution, pl ease contact the Depar tment

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

• By  email  exceptionalchildren@education.ohio.gov

Facilitation

If you are concerned about the  evaluation or reevaluati on of your child for spec1a l  educa tion, or about your chil d's

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

Facilitation is when you ask the  Department to arrange for a facilitator to attend a meeting of your child's evalua tion or IEP team (you also are a member of thi s team). The school di stri ct can al so make a request to the Department for a facilitator at one of these meeti ngs  1nvol v1ng your ch1 ld's special educa tion.  You and  the distri ct must both agree to have the facilitator present at the meeting.

The Purpose of Facilitation

Facilitation takes place 1n a team meeting, such  as an Individualized educati on program team meeting, evaluation planntng meeting or  evaluati on  team meeting. The facilitator IS a neutral, th1rd par ty who I S not a member of the team and does not make dec1si ons for the  team. Having a faCilitator helps the team be  productive and stay focused on the student. Facilitators are professional mediators who have  been tra1ned by  the Off1ce for Excepti onal  Children in spec1al educa tion processes

You can request facilitation any  time.  Once you  do,  you and the  school d1stnct must both agree to partlc1 pate.  If you  both agree, the Off1ce for Exceptional Chil dren will  give you  choices of a facilitator to dwect the  meeting. If you  and the  district cannot agree on a facilitator, the  off1ce will assign one  for you There is no cost to you or  the  dlstnct for facilitation.

The Facilitator:

• Remains a neutral th1rd-par ty (does not take  si des or work for you or the distri ct);

• Is a professionall y trained mediator (a qualif1 ed person who helps resol ve di sputes);

• Has  been  trained on  and  knows about special education laws and requ1rements;

• Is not part of your child's IEP or eval uation team;

• Does not make dec1sions, but guides the  team to find soluti ons;

• Helps to open up conversati on between you and the distnct;

• Keeps the meetl ng on track and  heIps to keep everyone respectful of the process; and

• Keeps the team focused on  your  child and  your  chil d's needs

Key Points to Remember  About Facilitation:

• Facilitation is voluntary.

Both  the parent and the school district must agree  to be part of the process. If the parent and the
di stri ct agree to have a facilitator at a meeting, th1s does not mean you have to agree with the d1 stnct at the meeting or agree  with how the meeting turns out. Parents are always allowed to have their own opinions.

• Any  agreement made during a facilitation meeting is generally binding. This means  that  both  the parent and the school district have to follow  the  agreement after  the  decision is mutually made.
Any  document that  the parent and district s1gn about your child's evaluati on or IEP carries the same we1 ght as documents they si gned at any other  IEP or evaluati on team meeting.

For more information about faci litati on, vis1t the Oh1o Department of Education webs1te at  education.ohio.gov and search facilitation.

To Request Facilitation

Contact your  school d1strict's speCial educati on director to see if the d1strict IS  willing to partlc1pate 1n this process,
 	at 	.  Once both parti es agree to parti cipate  1n  facilitation, please contact the Ohi o Department of Education's O ffice for E xceptional Children:

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

• By email  at  exceptionalchildren@education.ohio.gov.

Mediation

Mediation I S when parents and the school district agree  to have a neutral, th1rd-party profess1onal come to a meeting to help them reach an agreement about the education of a student w1th a di sability or a student who  is suspected of having a di sability Third-par ty means that this person,  also called the mediator, does not take s1des and does  not work  for or act on behalf of the parent or the d1stnct. Med1ation is one choice for  parents and di stricts  any time  there IS disagreement 1nvol ving your child's  special educati on.

Mediation is Free and Can Be Requested  Any Time

Mediation can be requested at any time. Once med1ation is requested, you and  the school  di stnct must both agree  to partlc1pa te in the process. If you both agree to participate, the Off1 ce for Exceptional Children will give you cho1ces of a mediator to dwect the med1ation meeting. If you and the district are unable to agree  on a med1ator, the OEC will assign
one for you. The mediator cannot tell you how  you must resolve the 1ssue
1    nvol v1ng your child's spec1al education. Rather, the mediator helps  both si des discuss the concerns 1nvol v1ng your  ch1ld and fmd a solution.

If you dec1de to make a formal compla1nt  or ask for a due process heanng (see pages 17-25), the Oh1o Depar tment of Educati on will ask you to think about mediation as a f1rst step. There 1s no cost to you or the district for mediation

Overview of the Mediation  Process

Request for
Mediation

Select Mediator and Schedule Meeting

Mediation
Meeting

Agreement
Reached

Agreement Not Reached

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

The Mediator:

• Remains a neutral third-party (does not take si des or work  for you or the d1stnct);

• Is not allowed to make deci s1ons. Instead, the med1ator helps you and the school district resol ve the issue involving your  chil d's education;

• Works  w1th you and the school  d1 stnct to deCide on a wntten mediation agreement;

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

• Keeps ever yone focused on the student and  the student's needs;

• Helps open  up conversation between you and the school district

Key Points to Remember  About Mediation

• Mediation is voluntary.

Both the parent and the school district must agree to be part of the process.  If the parent and the di stri ct agree  to par tlc1pate in med1ati on, this does  not mean you have to agree  w1th the di stri ct at the meeting or agree w1th how the meet!ng turns out

• Mediation is confidential.

E verything sai d 1n  the media tion meeting generall y rema1ns confidential (pnvate) and cannot be used later, unl ess an exception appl1es

• Any  written agreement made during mediation is generally binding. This means  that  both  the parent and  the  school  district have to follow the  written agreement after the  decision is mutually made.
Any  document that the parent and district s1gn about your  child's evaluati on or IEP carries  the same  weight as documents they s1gned at any other IEP or evalua tion team meeting

To Request Mediation

Contact your  school district's spec1al educati on director to see if the district IS willing to participate 1n this process,
 	at 	.  Once both parti es agree to parti cipate 1    n mediation, please contact the Ohio Department of Education's Office for E xcepti onal Chil dren

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

• By email at  exceptionalchildren@education.ohio.gov.

Filing a State  Complaint

Another option available to you, if you have a concern about your child's spec1al  education, i s to make a formal state  complaint 1n wntlng against  the  school  distri ct or other  public agency and subm1t th1s compla1nt to the Oh1o Department of Education's Offi ce for Exceptional  Children.

There is No Cost to File a State Complaint

There is no cost to file a state complaint The state compla1nt process generall y gets the problem resol ved faster than a due process heanng  and I S less adversarial (or confrontati onal) than a due process hearing. To file a state complaint, you must  send your  s1 gned, written complamt (the ong1nal versi on) to the Offi ce for E xceptional Ch1 ldren, and you must send a copy  of the complaint d1rectly to the school  d1stnct

Your compla1nt must include a statement of an alleged violation of federal  or state special educati on requirements (an alleged vi olation of the Individuals with Di sabilities Education Act or the Oh1o Operating Standards for the Educati on of Children with Disabilities). The complaint does not need to inc! ude the name or c1ta tlon of a specifi c law, but  it does need  to state a specifi c action or 1    nactlon the district took that you beli eve to be in v1olabon o f a special  educati on requirement Also, you must  1    nclude facts  in the compla1nt to support why you th1nk your district has vi olated the special educati on requirement

State Complaints  Review

The Off1ce for Excepti onal  Children will review  and, if necessar y, I nvestigate a properly filed complaint and determine
1f the school di stri ct has v1olated a spec1al educa tion requirement related to your child's education. Al so, a third­
par ty - that I S, a perso n other than  you, or an agency or organization other  than the school d!stnct - can file a state complaint with  the Department 1f 1t believes  that  the distri ct has v1olated a spec1al education requirement involving a student

A state  complaint may  be fil ed with the Department any  time  within one year  of the alleged special education violation. Any complaint that al leges violati ons that occurred more  than one year from the date the complaint was f1led will not be Investi gated/resolved

How to Make a Formal State Complaint

If you would like to make a formal state complaint regarding speCial educati on, you must

•  Complete the state  complaint form and send 1t to the Ohi o
Department of Education's Off1ce for Exceptional Children; or

•  Write a complaint letter; or

• Call the Depar tment's Offi ce for Exceptional Children staff  at
1-877-644-6338 and request  a complaint form,  wh1ch you will fill out and return to the Department

Where to Send Your Complaint

Your compla1nt must be sent to both the Oh1o Department of Educati on's Off1ce for Exceptional Children and to the school district's superintendent at the same time

Send the ori g1nal complaint to

The Oh1o Depar tment of Educati on

O ffi ce for Exceptional Children
Attn Ass1stant D1 rector of D1spute Resolution Section

25 South Front  Street
Mall Stop 409
Columbus, Oh1 o 43215-4183

Abeyance

Abeyance means putt1ng 1 ssues 1    n state complaint on hold If you and the school district are involved in a due process  hearing, and e1ther you or the district al so fil e a state compla1 nt on the same 1ssues, the Oh1o Depar tment of Education w1 ll put the state complaint on hold. In other words,  the Department will  wait until the  due process IS  over before resolving your state complaint If you wi thdraw your due process hearing request, the Depar tment will take  the state complaint out of abeyance and proceed w1 th the resoluti on of your complaint

If a due process hearing occurs and a decis1on by the 1mpartial heanng off1 cer (IHO) IS  made, then the Depar tment will take the state compla1nt out of abeyance to resol ve it onl y if i ssues still remain  in your complaint that were not  deCided upon by the heanng off1cer

Checklist of Items You Must
Include in a State  Complaint

• A statement that the school district has violated a federal or state special education requirement.

• A description of the problem, including the facts on  which you are basing your complaint.

• Your contact information and original signature.

• If you are  alleging a special education violation with respect to a specific student:

The  name and address of the residence of the student;

The  name of the school the student is attending;