Due Process Complaint
A Due Process Complaint is a written complaint filed by a parent or a school district involving any matter relating to the identification, evaluation, educational placement or provision of a free appropriate public education to a student with a disability. Due process complaints must be filed within two years of the matter in dispute, unless the state has set a different time limit.
Due Process Hearing
Due Process Hearing is a formal, quasi-legal procedure before an impartial hearing officer or administrative law judge (or panel of judges) who is not an employee of the state educational agency or school district. Both the parents and the school district present arguments and evidence.
Mediation
Is a confidential, voluntary process that allows parties to resolve disputes without a formal due process hearing. An impartial mediator helps the parties to express their views and positions and to understand the other’s views and positions. The mediator’s role is to facilitate discussion and help parties reach an agreement — not to recommend solutions or take positions or sides.
Resolution Session
A Resolution Session is mandatory meeting that the school district must convene within 15 days of receiving the parents’ due process complaint. The resolution session includes parents, members of the IEP team relevant to the complaint, and a representative of the school district who has decision-making authority. If a resolution is reached to resolve the complaint, the parties execute a legally binding agreement which a party may void within 3 business days of the agreement’s execution. The parents and the school district may agree in writing to waive resolution session, or agree to use the mediation process under the IDEA.
State Complaint
A written State Complaint that can be filed by any organization or individual claiming that a school district within the state has either violated a requirement of Part B of IDEA (the part that contains all requirements regarding the delivery of special education services) or the state’s special education law or regulations. State complaints must be filed within one year of the alleged violation.
Educational Records
Education records are records that are directly related to a student and that are maintained by an educational agency or institution or a party acting for or on behalf of the agency or institution.
The Individualized Education Plan is a legal document under United States law that is developed for each public school child in the U.S. who needs special education. It is created through a team of the child’s parent and district personnel who are knowledgeable about the child’s needs.
504 Plans, in accordance with California law, are designed to remove any barriers limiting a disabled child’s ability to receive an education and provide the necessary support the child needs.
In all districts, the school site Student Study Team (SST) meets regarding children for whom there are concerns. The team addresses the implementation and level of success of the general education classroom program modifications and available general education resources and programs, including categorical programs.
Typically, a Student Disciplinary Record is established when a written report or information on a student is received and maintained by the Office of Student Conduct or the Office of Residence Life.
Behavioral Log
Behavioral Logs are a home to school communication log to note behavior and academic occurrences each day. Typically used in a special education classrooms.
The purpose of Progress Reports and report cards is to communicate a student’s progress in meeting standards as well as how the student is demonstrating the learning habits that support student achievement, and to identify areas of strength and areas where improvements may be needed.
A Report card, communicates a student’s performance academically. In most places, the report card is issued by the school to the student or the student’s parents once to four times yearly. A typical report card uses a grading scale to determine the quality of a student’s school work.
Psychoeducation (PE) is defined as an intervention with systematic, structured, and didactic knowledge transfer for an illness and its treatment, integrating emotional and motivational aspects to enable patients to cope with the illness and to improve its treatment adherence and efficacy.
Occupational Therapy is a global healthcare profession. It involves the use of assessment and intervention to develop, recover, or maintain the meaningful activities, or occupations, of individuals, groups, or communities.
Adapted Physical Education is specially designed instruction provided to students who are unable to participate in a regular physical education class, even with modifications, accommodations or supplementary aids and services. Adapted P.E. includes special P.E., adapted P.E., movement education, and motor development. It is considered a special education service.
Physical Therapy, also known as physiotherapy, is one of the allied health professions. It is provided by physical therapists who promote, maintain, or restore health through physical examination, diagnosis, prognosis, patient education, physical intervention, rehabilitation, disease prevention, and health promotion.
Augmentative and Alternative Communication encompasses the communication methods used to supplement or replace speech or writing for those with impairments in the production or comprehension of spoken or written language.
Assistive Technology applied to education is extremely broad, encompassing “any item, piece of equipment, or product system whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities.”
This refers to the educational placement that your child is entitled to and that approximates the closest to typical functioning as possible, considering the child’s needs. For example: a preschool-aged child with autism will most likely fair better in a preschool with typically developing children as peer models with an ABA-trained aide accompanying him/her during the school day, than in a Special Education setting. The general education classroom would be the least restrictive environment (closest to how typically developing children are educated). A special day class (SDC), with only special needs children is more restrictive, less typical. Many times school districts push for special day classes versus general education settings with a one-to-one aide, as this is much more economical for the district. This is when we would use the term LRE to advocate for general education, the least restrictive setting.
Please note that there is no right or wrong here, and there are many facets to making decisions that are right for your unique learner. It is fine if you decide the general education classroom is not an appropriate fit for your child, but let that be based on important considerations, not because it is cheaper for the school district!