Tory Stout

Professor Gratz

SERP 400

February 9 2016

Due Process Display

I Pre-Referral Activities
- NOT in Federal law, but in most state laws
2 requirements:
A. Two positive, substantial interventions
B. Consider the possibility of a “curriculum disability”

II Formal Referral
A. Team Review (Child Study Team)
Includes:
- referring teacher
- special ed
- principal
- school psychologist
- sometimes speech therapist
B. Recommend assessment
- invite the parents
III Initial Assessment or Reassessment
- For an Initial Assessment, parents must give their written permission
- If it is a reassessment, you must give the assessment plan to parents, give them two weeks to
respond.
- If after that two weeks there is no response, follow through with assessment under
“implied consent”
- School district has 60 days to complete the assessment and hold a meeting about the results.

IV Eligibility Determination (to qualify for an IEP)

Based on the assessment’s results:
A. Follow state rules, statutes, and guidelines
> Arizona Department of Education: Exceptional Education
> Use Federal categories
SLD
SL

V Individualized Education Plan (IEP)

A. minimum membership
- parents
-special ed. teacher(s)
- gen. ed teacher
- administrator or designee
- test interpretor
- student (if appropriate)
B. Least Restrictive Environment
C. Definition of Success for that student
- not about “best”
- appropriate goals
D. Initial IEP compared to all other IEPs
- Similar to assessment, parents must sign for the initial IEP, have a two week
window.
E. Parents must be invited to attend and must be given an exact copy of the IEP.
VI Progress Reporting and Annual Review and Revision
- Report the progress on goals and how the student is doing.
- Send notes, phone calls, emails, positive aspects of student’s learning
- Progress reporting as often as general education (as often as report cards go out)

VII Dismissal From Service

A student can be dismissed from services if:
- the student reaches the maximum age that they can attend school. This is 22 in Arizona,
21 in the rest of the U.S.
- the student is graduating
- they complete their IEP Goals
- staff receives a written notice that services are ending

Dispute Resolution
1. Mediation (if the parents agree to it)
2a. File a Formal Due Process Complaint
2b. Resolution Meeting
2c. Formal Impartial Due Process Hearing
3. Lawsuit in a court that has jurisdiction. This is the last resort.