Blacklick Valley School District
Special Education Department
The "Due Process" Rights of Parents
If you do not believe your child's special education program is working, you should first talk to your child's teacher. If you wish to visit your child's classroom to observe your child's program, you must follow the school's visitation policy. You can also request an IEP meeting to discuss changing your child's program if you think a change is necessary. The IEP team may then decide that a reevaluation is needed to gather more information about your child. Anytime school officials suggest a reevaluation of your child or your child's program, you will be contacted in writing and given the opportunity to agree or disagree. You may request an IEP team meeting, a mediation session, or a due process hearing in order to resolve differences that you may have with school officials regarding your child's education.
The Bureau of Special Education has established ConsultLine, a toll-free information line for your questions and concerns: 1-800-879-2301. ConsultLine is designed to assist parents and advocates of children with disabilities or children thought to be disabled. If you have questions concerning your child's disability, special education program, or the laws relating to the provision of services in your child's IEP, the special education specialists at ConsultLine may be able to assist you.
Mediation
Even when parents and school officials try their best to develop and carry out an appropriate program for a child, disagreements can occur. An alternative to a due process hearing is mediation. Mediation is a free, voluntary, confidential procedure designed to help parents and school officials resolve the dispute. Both you and the school must be willing to participate in a mediation session in order for it to occur. Mediation may take place at any time during or before the due process cycle. However, mediation cannot be a required process and may not serve to delay or deny a parent the right to a due process hearing.
If you and school officials agree to try mediation, the Office for Dispute Resolution will arrange for a neutral, specially trained mediator to hold a mediation session. During mediation, the mediator will meet with both sides to hear both points of view regarding the disagreement. The mediator may meet with both sides together and separately, to better understand each position meet with both sides to hear both points of view regarding the disagreement, separately and together, to better understand each position. Neither school officials nor parents may include a lawyer at a mediation session.
The mediator will not make a decision on the disagreement. Rather, the mediator will help both parties to reach an agreement. The agreement will be put into writing and, if appropriate, it will be incorporated into the student's IEP. The mediation agreement is a legally binding document and is enforceable in a court.
You may discuss using mediation with your school administrator or by calling the Office of Dispute Resolution at 1-800-222-3353. Both the procedural safeguards notice and the Office of Dispute Resolution website (odr.pattan.net) contain a form for this purpose.
Special Education Hearing
You may request a special education hearing anytime you have concerns about your child's program, placement, or evaluation and the provision of a free appropriate public education. When requesting a due process hearing, you or your lawyer must make a written request to school officials and the Office of Dispute Resolution (ODR). This request must include the following information:
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The name and address of the child and the name of the school the child attends
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A description of the problem
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A proposed solution to the problem. The Commonwealth has developed a form for school districts to provide to parents for this purpose. This form is called a Due Process Complaint Notice. It is available through your school district's administrative office, the Office for Dispute Resolution website (odr.pattan.net), and your procedural safeguards notice.
Within 15 days of receiving notice of your complaint and before a hearing is held, the school district must hold a resolution session for you and school officials to provide an opportunity to resolve your complaint, unless both you and the school agree in writing to waive this meeting or agree to use mediation. If you complaint has not been resolved to your satisfaction within 30 days of the school receiving the due process complaint notice, a hearing may occur before an impartial hearing officer. The hearing officer cannot work for the school district or local intermediate unit. You may be represented by legal counsel or you may represent yourself. You may also be accompanied and advised by individuals whom you believe would be knowledgeable or helpful during the hearing. Each side may have witnesses and may ask questions of the other side's witnesses. Prior to the hearing date, you may ask the hearing officer to subpoena anyone from the school district whom you believe has information important to your case. Witnesses testify under oath.
Both sides may give the hearing officer written material to consider. A list of material to be used at a hearing must be given to the other side at least five business days before the hearing. Any information given to the hearing officer to consider must also be given to the school district.
The hearing must be held at a reasonably convenient time and place for you. The hearing will be closed to the public unless you ask the hearing officer to open the hearing to the public. A transcript of what was said during the hearing will be made available upon your request.
The hearing officer will listen to both sides and then make a written decision. The decision will be mailed to you and school officials within 45 calendar days after the receipt of your request for the hearing, unless an extension has been granted by the hearing officer.
Except in limited circumstances, when a parent requests a due process hearing, the child must remain in the child's current educational placement unless the parent and school district agree otherwise. This is called the "stay put" rule. If the parent's request is made at a time when there is a dispute in regard to initial admission to public schools, the child must be placed in the public school, with the parent's consent, until due process is complete.
If you prevail in a due process hearing, it can be decided by the courts that your attorney's fees will be paid by the school district. Parents may also be ordered to pay the district's costs if it is found they pursued a complaint to harass, cause unnecessary delay, or needlessly increase costs to the district.
The Court Process
If you disagree with the decision of the hearing officer, you may file an appeal in court. You must file your case in commonwealth or federal court within 90 calendar days after the hearing officer's decision.
Conclusion
The concept of special education is simple. If a child has unique needs that require special education as a result of a disability, those needs are to be determined and a program to meet those needs designed and carried out. However, the procedures and processes involved in designing this special program and carrying it out are complex and may seem cumbersome.
Everyone involved must remain focused on meeting each child's individual needs. When parents and school officials successfully keep this objective in mind, the likelihood of providing quality educational programming dramatically increases.
Additional information may be obtained in the booklet "Pennsylvania Parents guide to Special Education For School Age Children". This booklet is available at the Blacklick Valley School District Special Education Office. Use the email link below to request a copy.
Nichole Kolarik, Special Education Director
nichole.kolarik@bvsd.k12.pa.us
Renee Williamson, Administrative Assistant
