Procedural Safeguards/ Mediation3d5t3q1mzaay3etj951e0g0a-wpengine.netdna-ssl.com/wp... · 2018. 3....

Copyright 2017 KenCrest Services

Procedural Safeguards/ Mediation

KenCrest Services

Copyright 2017 KenCrest Services Copyright 2017 KenCrest Services

Learning Objectives

Participants will learn ...

• How procedural safeguards protect the rights of families to make decisions about early intervention services.

• Options families have to resolve disputes through complaint resolution process, mediation, due process, filing complaints and utilizing IFSP facilitators.


If a family is not satisfied…

With their child’s early intervention service(s) or the results of an evaluation, they may ask to meet with the County MH/MR Administrator, or the person appointed by the Administrator. Any changes that result from the meeting should be listed on the Individualized Family Service Plan (IFSP), and should begin as planned. Service Coordination will follow up to make sure that the family is satisfied with the changes.

Problem Solving in Early Intervention


Problem Solving in Early Intervention

What if a Family Disagrees with Services Offered?

A family should…

Contact their service coordinator from the local County Office of Early Intervention whenever they have questions about early intervention.

First Steps in Problem Solving….(Administrative Meeting)


Procedural Safeguards

Parents have rights and protections to assure that early intervention services are….

1) provided to their children in a manner appropriate to their needs

2) in consideration of family concerns

3) in compliance with federal and State regulations.

Procedural Safeguards also include rights for families related to identification and evaluation, the IFSP process and children’s records.


Includes a parent’s right to…

1. Make decisions about early intervention for their child

2. Disagree with any part or all of their child’s evaluation, services, program or placement.

3. Receive prior notice of any new evaluation or reevaluation, services or placement of the child.

4. To be fully informed of all of the information needed to make a decision about programs and service

What are Procedural Safeguards?


Right to…

5. Consent (or refuse consent) to actions having to do with the evaluation, program development or provision of services to the child.

6. To confidentiality - EI records cannot be released without the parent’s written permission to any specific persons or agencies.

7. Request an IFSP meeting at any time.



Right to…

8. Conflict resolution procedures, including informal conflict resolution, mediation, due process hearings, and the right to file an administrative complaint

9. Continue to receive the EI services while disputes are resolved through mediation or due process procedures.

10. Receive the services set forth in the IFSP until the dispute is resolved with the preschool EI agency.



Parents should receive information on procedural safeguards…

1. Upon initial contact with the EI program

2. Upon parent’s request for evaluation

3. Whenever there is a change to EI services and/or revisions to the IFSP/IEP

4. Any time a parent requests a copy.

Procedural Safeguards


Office for Dispute Resolution (ODR)

• ODR coordinates and manages Pennsylvania’s Special Education mediation and due process systems regardless of the age of the child.

• Procedures will differ based upon the child’s age.

• ODR offers IFSP Facilitation, Resolution Meeting Facilitation, Mediation, and Due Process Hearings for Infants and Toddlers receiving Early Intervention.


• The Office of Child Development and Early Learning (OCDEL), Bureau of Early Intervention Services (BEIS), has instituted a birth to five Early Intervention Complaint Resolution Process (EICRP)

• If a resolution cannot be reached after a review of the issue by the OCDEL advisor, the parents have the option to pursue the formal complaint process.

• This helps deal proactively with complaint issues and resolve concerns as early and efficiently as possible.

Complaint Resolution Process


• Parents may file a complaint if they believe the state or county hasn’t followed proper steps in the early intervention process. This could include when there are long delays in evaluating a child or in providing early intervention services, or when a service listed on an IFSP is not being provided.

• Complaints are filed with the Office of Child Development.

• OCDEL contracts with the Office of Dispute Resolution (ODR) to provide mediation services. Families or county Early Intervention personnel may request mediation through ODR by phone or in writing.

Filing a Formal Complaint


Mediation

• Is an alternative to a due process hearing

• Is a free, voluntary, confidential procedure designed to help parents and school officials resolve a dispute.

• Mediation may take place at any time during or before the due process cycle.

• Mediation may not serve to delay or deny a parent the right to a due process hearing.


Mediation

• Office for Dispute Resolution will arrange for a neutral, specially-trained mediator to hold a mediation session.

• Mediator may meet with both sides together and separately, to better understand each position.

• Neither school officials nor parents may include a lawyer at a mediation session.


IFSP Facilitation

• Is a voluntary process that is not necessary for most IFSP meetings

• Is considered when any of the participants feel that the issues at the IFSP meeting might create an impasse in the development of the IFSP.

• IFSP facilitators are not hearing officers or advocates for either party.

• It is a cost effective means to resolve disputes.


Due Process is a legal proceeding presided over by a hearing officer who makes determinations about a child’s educational program.

Due Process

• Families may use the due process system anytime there are disagreements about EI services, such as the choice of a service, how often a service is provided, or where a service takes place.


Resources for Families

In addition to receiving Parents Rights Agreement, parents are provided with a copy of Problem Solving in Early Intervention.

OCDEL Announcement IDEA Early Intervention Complaint Procedures

PA Department of Education: Parents Rights: Understanding the Procedural Safeguards Notice

http://pattan.net-website.s3.amazonaws.com/images/2016/06/09/Problem_Solving_EI_0516.pdf

http://www.education.pa.gov/Documents/Early Learning/Early Intervention/Laws Regulations and Announcements/Announcements/2011/EI 11-01 IDEA Complaint Procedures.pdf

http://pattan.net-website.s3.amazonaws.com/images/2017/09/11/ParentsRights0717.pdf

http://pattan.net-website.s3.amazonaws.com/images/2017/09/11/ParentsRights0717.pdf


Mediation

Parents may use mediation when there is a disagreement about services on the IFSP, such as the choice of service, how often a service is provided, or when a service takes place. Everyone agrees to work together with a mediator. (Mediators don’t make “decisions”) Mediation is at no-cost, informal and happens quickly. You can get more information about mediation by calling the Office of Dispute and Resolution (ODR) at 1-800-992-4334, or by test telephone for the deaf (TTY) at 1-800-654-5984.


Mediation

Mediation sessions must be held within 10 calendar days.

A written mediation agreement is made documenting the mutually agreed upon a solution or failure to reach agreement.

The MDE and IFSP must be revised to reflect the agreement.


Due Process

• Parents can request a due process hearing by asking their service

coordinator or early interventionist to arrange for one, by calling ODR at 1-800-222-3353, to request a form or by visiting their website at http://odr.pattan.net.*

• These are formal hearings at which all sides can present witnesses,

including experts.

• If a hearing is requested, the hearing officer will set a date and send out a notice to the family. If there is a problem with the date, the hearing can be rescheduled. The hearing must be held, and a decision reached, within 30 days.

http://odr.pattan.net/


Resources

Pennsylvania Office of Dispute Resolution Gateway Corporate Center

6340 Flank Drive Suite 600 Harrisburg, PA 17112-2793 800-992-4334 or 800-654-5984 (TDD) http://odr.pattan.net

Parent Education Network (PEN) 2107 Industrial Highway York, PA 17402 717-845-9722 (V/TDD) 800-522-5827 (V/TDD) www.parentednet.org

Parent to Parent of Pennsylvania Gateway Corporate Center 6340 Flank Drive, Suite 600 Harrisburg, PA 17112 717-540-4722 or 800-986-4550 www.parenttoparent.org/

Pennsylvania Training & Technical Assistance Network

(PATTAN)

200 Anderson Road King of Prussia, PA 19406 (610) 265-7321 (800) 441-3215 www.pattan.k12.pa.us

Education Law Center of PA

1315 Walnut Street Philadelphia, PA Suite 400 215-238-6970 www.elc-pa.org * Departments of Public Welfare and Education

Office of Child Development and Early Learning Bureau of Early Intervention Services 333 Market St., 6th Floor Harrisburg, PA 17126-0333 Email: [email protected] * Fax: 717-346-9320

http://odr.pattan.net

http://www.parentednet.org

http://www.parenttoparent.org/

http://www.pattan.k12.pa.us/

http://www.elc-pa.org/



mailto:[email protected]




Completion Instructions

• Complete the Quiz below

(please be sure to add your name and date)

• Print the Certificate of Completion, add your name, signature and date, and return to your supervisor along with the quiz results.

Name: _______________________________________________ Date: ______________________________

Created with iSpring QuizMaker www.ispringsolutions.com

Procedural Safeguards - Mediation Quiz

1. Which of the following is considered a Procedural Safeguard?

( ) Parents have the right to make decisions about the child's evaluation, services, program or placement

( ) Parents have the right to request an IFSP meeting at any time.

( ) Parents have the right to conflict resolution procedures, mediation, due process hearings, and the right to file an administrative complaint.

( ) All of the above.

2. When Families disagree with early intervention services, they should . . .

( ) Call their lawyer

( ) Notify KenCrest

( ) Call their Service Coordinator

3. Families have choices when they have concerns about early intervention services, these

choices include:

( ) Filing a complaint

( ) EI Complaint Resolution Process

( ) Mediation

( ) Process Hearing

( ) All of the Above

4. OCDEL contracts with the Office of Dispute Resolution to provide resolution services.

( ) True

( ) False

5. Families should be given a copy of the OCDEL announcement "Problem Solving in Early

Intervention".

( ) True

( ) False

Name: _______________________________________________ Date: ______________________________

Created with iSpring QuizMaker www.ispringsolutions.com

6. If families request mediation, a mediation meeting must be held within . . .

( ) 48 hours

( ) 10 calendar days

( ) 30 days

7. An IFSP facilitator can be present at a meeting when a neutral party is needed to assist in

discussing issues in the IFSP.

( ) True

( ) False

8. Due Process is a legal proceeding presided over by a hearing officer who makes

determinations about a child's educational program.

( ) True

( ) False

9. To assist families with resolving concerns at the local level, OCDEL instituted an Early

Intervention Complaint Resolution Process. This enables families to contact an OCDEL EI

advisor to resolve issues before filing a complaint.

( ) True

( ) False

10. When should parents receive information on procedural safeguards?

( ) Upon initial contact

( ) Whenever there is a change to EI services and/o revision to the IFSP

( ) At the time of evaluation

( ) Whenever parents request a copy

( ) All of the above

`

This is to certify that has completed Name

.5 Hour(s) of Procedural Safeguards / Mediation – Annual Training (no breaks) (name of training)

on at KenCrest Online Training Module (Date) (Location)

Created by: Kate Gara

Trainee Signature:

2017-2018 PDF

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