Due Process in Special Education - Howard County Public Schools

Any party has a right to Due Process.However, this right is limited to two yearsfrom when the parents or school system knewor should have known of the alleged violation.To file for any form of Due Process, therequesting party must obtain and complete acomplaint notice from the HCPSS Departmentof Special Education. The notice requires:• Name of the student• Address of the student• Name of the school the student isattending• Name of the local school system• A description of the problem as itrelates to the proposed initiation orchange, including facts related to suchproblem• A proposed resolution to the problem tothe extent known and available to theparty at the time of the noticeA Parents’ Guide toDue Process inSpecial EducationThe notice of Due Process is consideredsufficient unless the receiving party notifiesthe State Office of Administrative Hearings(OAH) and the complainant within 15 days ofreceipt that the notice does not meet therequired notice contents. Within five days ofreceiving the notice of the deficiency, theOAH will determine whether the Due Processhearing request notice meets the contentrequirements and will immediately notify theparties in writing.In a Due Process Hearing, the AdministrativeLaw Judge will make a decision on substantivegrounds based on a determination of whetherthe student received a free and appropriatepublic education and/or whether a proceduralviolation occurred.The Howard County Public School System does not discriminate onthe basis of race, color, creed, gender, age, national origin, religion,sexual orientation, or disability in matters affecting employment or inproviding access to programs. For more information, contact theEquity Assurance Office of the Howard County Public School Systemat 10910 Route 108, Ellicott City, MD 21042, or call 410.313.6654.More information regarding each of theseresolution processes is available in theProcedural Safeguards Parental Rights Handbookpublished by the Maryland State Departmentof Education.HOWARD COUNTY PUBLIC SCHOOL SYSTEMDepartment of Special Education10910 Route 108 • Ellicott City, MD 21042410.313.5350www.hcpss.orgPIO.7.05

The Howard County Public School Systempromotes the involvement of parents,families and community members asactive partners in education. There may betimes when a parent, guardian, or custodianwill have a concern related to his or her child’seducation. This document outlines the steps foraddressing concerns specifically related tospecial education. For issues or concerns outsideof special education, see A Parents’ Guide toResolving School Concerns & Complaints.The Individuals With Disabilities Education Act(IDEA 04) provides parents with proceduralprotections when a disagreement arises overthe identification, evaluation, placement orprogram of their child regarding specialeducation and related services. The HowardCounty Public School System, in accordancewith IDEA 04 and Maryland State regulations,provides parents with several means toaddress special education concerns:• Dispute Resolution• Mediation• Due Process HearingsDispute ResolutionDispute Resolution is an informal processthrough which issues that have been raised,but not resolved, in an Individual EducationalProgram (IEP) meeting can be addressed.When a parent requests Dispute Resolution, ameeting will be scheduled at a time convenientto both parties.A representative of the Department of SpecialEducation, as well as a representative from thechild’s school, will meet with the parent toreview any matter not resolved in the IEPmeeting. Also in attendance will be arepresentative of the school system who has theauthority to obligate the system to fullyimplement any decision reached in the process.Only the involved parties meet. An attorney ofthe school system will not be included in adispute resolution meeting unless the parentbrings an attorney.The parent and the representative from theschool will have an opportunity to present theunresolved issue(s).Dispute Resolution must occur 15 days priorto any party requesting a Due ProcessHearing. Dispute Resolution must be usedunless both parties involved agree in writing towaive such a meeting or agree to use themediation process.This informal process often results in acompromise resolution. When a compromiseagreement is reached, the terms of theagreement will be put in writing for the partiesinvolved to sign. The agreement is consideredlegally binding and can be enforced by anystate court or district court of the United States.Any party involved has the right to withdrawor void the agreement within three schooldays of the agreement’s signing or execution.If you wish to use the Dispute Resolutionprocess, without requesting a Due ProcessHearing, contact the HCPSS Department ofSpecial Education at 410-313-5358 or 410-313-5359.MediationMediation is a more formal process, in that theissues, which may or may not have beendiscussed in a Dispute Resolution, are presentedbefore an Administrative Law Judge. When animpasse has been reached in an IEP teammeeting, a parent may request this more formalreview. The school system will not have anattorney present during mediation and,although it is discouraged, the parent andstudent may be represented by an attorney.During the mediation process, theAdministrative Law Judge acts only as amediator and does not determine fact ormake a decision. If a compromise resolution isreached, the judge will draft an agreement forsignatures. The resolution is binding on allparties and, if not fully implemented, can beconsidered in a court of law.Due Process HearingsA Due Process Hearing is the most formalway to resolve special education concerns.As part of the Hearing, the case is heardbefore an Administrative Law Judge.Generally, each party is represented by legalcounsel. The judge follows all rules ofevidence and renders a formal decision.Either party has the right to appeal thejudge’s decision to federal or state court, oras far as the Supreme Court.The Due Process hearing can be financiallycostly for all parties. The decision to request aDue Process Hearing requires thoughtfulconsideration and should be contemplatedonly after all other options have been exhausted.Within 15 days of receiving the Due Processnotice, both parties to a Due Process Hearingare obligated by law to meet and discuss theissues and the facts that form the complaint.The school system is given the opportunity toresolve the complaint through DisputeResolution unless the parents and the schoolsystem agree in writing to waive this meetingor to use mediation.A Due Process hearing will be held within 20days of the receipt of the notice.