The "Due Process" Rights of Parents
MEDIATION
Even when parents and school officials try their best to develop and carry out an appropriate program. disagreements occur. Mediation is a free, voluntary, confidential procedure designed to help parents and school officials reach agreement. Mediation may take place at any time during or before the due process cycle. Discussions are confidential and will not be recorded. The mediator cannot be called as a witness in future proceedings.
If you and school officials agree to try mediation, the Office for Dispute Resolution will arrange for a neutral, specially trained mediator to meet with both sides to hear both points of view regarding the disagreement, separately and together, and to better understand each position.
The mediator will not make a decision on the disagreement. Rather, the mediator will help both parties to reach an agreement. If an agreement is reached, it will be put into writing, placed in your child's education record, and incorporated into the GIEP. A GIEP team must be convened with 10 school days following the agreement. The written mediation agreement is not confidential , and it is binding to both you and the school district.
Information about the mediation process is available by calling the Office of Dispute Resolution at 1-800-222-3353.
IMPARTIAL PROCESS HEARING
You may request, in writing, an impartial due process hearing if you have concerns about your child's identification, evaluation, placement, or provisions of a gifted education. The Commonwealth of Pennsylvania has developed a form for schools to provide to parents for this purpose. It is provided at the end of the Gifted Notice of Parental Rights.
The school district may also request, in writing, a hearing in order to proceed with an initial evaluation when the district has not been able to obtain your consent. Once the due process has begun, there can be no change in your child's GIEP, evaluation, or placement until the disagreement process is complete, unless you and the school agree to a change.
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A hearing with an impartial hearing officer is held within 30 calendar days after the request. The officer cannot work for the school district or local intermediate unit. The hearing is held in the local school district at a place that is reasonably convenient to you. At your request, the hearing may be held in the evening.
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You may be represented by a lawyer and accompanied and advised by individuals with special knowledge or training with respect to students who are gifted. You or your representative must be given access to any educational records, tests, or reports upon which the proposed action is based. 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 calendar days before the hearing.
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The hearing will be open to the public unless you request otherwise at least five days before the hearing. A decision will be made based on evidence presented during the hearing. If the hearing is open, only the decision will be available to the public. If is closed, the decision will be treated as a record of the student and will not be available to the public. Upon request, you may received a free written transcript of the hearing.
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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 request for the hearing. If you or the school officials are not satisfied with all or part of the hearing officer's decision, you or they may file an appeal to a three-member appeal panel. You will be sent the procedures and a timeline for filing the appeal with the hearing officer's decision.
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If you or the school officials are not satisfied with the decision of the three-member appeal panel, the decision can be appealed to a court.
In summary, if your child is gifted and needs specially designed instruction, a program is designed and carried out. 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 can be obtained in the booklet Parent Guide to Special Education for the Gifted. Contact the Blacklick Valley School District Special Education Office using the email links below for a copy, or the Pennsylvania Department of Education website.
The Pennsylvania Association for Gifted Education is pleased to announce its new toll-free Helpline number, 1-888-penngifted (1-888-736-6443).
Renee Williamson, Administrative Assistant
