|
|
|
|
|
|
 |
|
 |
 |
 |
Options Families and schools have several options to assist them in resolving disagreements about special education services, including:
I. Informal Dispute Resolution Options a. Direct Intervention: This is often the first approach to resolve disagreements between school departments and families. Typically this involves further communication between the parents and the school department about ways to resolve the disagreement. In an effort to develop and maintain collaborative relations with families and schools, it is recommended that families communicate with the school personnel closest to the issue of concern. In some instances, this could be the child's teacher, other direct service provider or an administrator. If the issue is not resolved by working with staff closest to the issue, then it is recommended families contact the staff person's supervisor.
b. Assistance from the R.I. Department of Education:Education Specialists from the Office of Special Populations act as liaisons to the Local Education Agencies (LEA) in Rhode Island. These Specialists can assist parents and schools in their districts when special education issues occur by answering questions, offering information, and directly interacting with parents and schools. Their interaction with school personnel usually involves the local Director of Special Education. Parents can call (401) 222-3505 to get connected to their district's Education Specialist.
II More Formal Dispute Resolution Options a. Mediation: Offers an opportunity for family members and the school department to meet with a state appointed mediator to attempt to resolve differences of opinion involving the education and educational services provided to a child with a disability. Mediation is optional and non-binding on the parties and can be arranged by contacting the R.I. Department of Education, Office of Special Populations at 401.222.4600.
b. Impartial Due Process Hearing: Offers the family and school department an opportunity to engage in an administrative hearing and to present their respective issues and positions regarding the education of a child with a disability to a state appointed impartial administrative due process hearing officer. The hearing officer presides over and schedules the hearing, makes rulings on motions by the parties and encourages the settlement of disputes and when necessary, issues a binding final decision on issue presented at the hearing. Hearing decisions can be appealed to a court of competent jurisdiction. A request for a due process hearing can be made in writing on a form provided by the R.I. Department of Education, Office of Special Populations.
c. Administrative Complaint: Offers a parent, individual or organization the opportunity to file a complaint with the R.I. Department of Education alleging a violation of a special education regulation by a school department. Complaints are investigated by the R.I. Department of Education who will issue a findings letter indicating the results of the complaint investigation and any corrective action needed to remedy a violation of special education regulations. An administrative complaint may be made by filing a signed special education complaint on a form provided by the R.I. Department of Education, Office of Special Populations.
III. Other Options for Dispute Resolution Involving Controversies in Educational Matters a. Appeal of Matters of Dispute to the Commissioner: Offers a parent, individual or organization an opportunity to appeal a matter of dispute to the commissioner of elementary and secondary education who will assign the matter for a hearing and issue a decision without cost to the parties involved. [RIGL 16-39-1] To schedule a hearing under this section contact the R.I. Department of Education.
b. Appeal of School Committee Actions to Commissioner: Offers any person an opportunity to appeal an adverse decision of a school committee to the commissioner of elementary and secondary education who will arrange for a hearing and for a hearing decision to be issued without cost to the parties involved. [RIGL 16-39-2]. To schedule an appeal under this section contact the R.I. Department of Education.
c. Appeal to the Board of Regents: Offers any person the opportunity to appeal a hearing decision by the commissioner to the Board of Regents for elementary education and secondary education for review. [RIGL 16-39-3] To schedule a review under this section contact the R.I. Department of Education.
d. Interim Protective Orders: Provides the commissioner of Education the authority to issue any interim protective action orders pending a hearing on all educational cases involving children [except those arising out of RIGL 16-2-17]. [RIGL 16-39-3.2] To request interim protective order relief contact the R.I. Department of Education.
|
