Due Process

Due Process

Due process can be difficult for both parties involved. I would like to believe that parents and school districts do the best they can to avoid this process. However, there are times that school districts or parents may need to file due process. This guide that was published in Ohio helps parents understand the process of the filing for due process. It guides the parents on each step and the dos and don’ts of the entire procedure. This would be helpful to many parents who find themselves in a due process situation.

http://www.ode.state.oh.us/GD/Templates/Pages/ODE/ODEPrimary.aspx?page=2&TopicRelationID=975

Many times educators find themselves dealing with due process situations. An informative resource is the “Educators Guide To Texas School Law” it helps teachers learn what due process is and ways to try and avoid going to due process hearings.

http://books.google.com/books?id=CtaIQAZIbG8C&pg=PA108&lpg=PA108&dq=due+process+for+students+with+disabilities&source=web&ots=vjzBqhVfmM&sig=dKXlNysGIImAnkx7PYvKhHX8s9M&hl=en&ei=DzmaSfylHZCCNbG6rfML&sa=X&oi=book_result&resnum=4&ct=result#PPA110,M1


Many times students with disabilities will have behavior problems at school. This can end up in due process because this area can majorly effect a student’s education due to the fact that a student may be removed from the school setting and place in alternate settings or the student may be expelled entirely. The following website is called Pacers. There is a special section called parents helping parents. In this section, I found interesting information about due process. This was designed for due process in the area of discipline, but the overall information about due process is informative for any parent.
http://www.pacer.org/parent/due_process.asp

Legal Issues and IEP/ARD Processes
Blog by Danee’ Puga

The entire process of Admissions, Review, and Dismissal meetings can be overwhelming for both educators and parents. There are many laws that help set guidelines for the ARD process, as well as, the process for writing IEP’s. However, sometimes the information is written in a way that is difficult for the lay person to understand. The following websites are great resources for parents or educators. The best part is that they are all written in such a way that it is easy to understand.

Wrights Law

o you have questions about IEPs? You are not alone! You'll find articles, law and regulations, and tips about how to get quality services in your child's IEP on this page. You'll also learn how to use tactics and strategies to negotiate with the school. This page includes IEP cases, recommended books, and free publications about IEPs. Wrights Law has a wealth of information in regard to the IEP process.
http://www.wrightslaw.com/info/iep.index.htm

PED-Onc Resource Center

Although this website was intended to inform parents whose children were dealing with cancer and how to handle the school situation, this website is really a great tool for any parent. You and your child have certain legal rights in the public education systems. This website helps you understand these rights and how to go about enacting them. The U.S. government guarantees each school age and preschool child the right to free and appropriate education in the least restrictive environment. Schools must provide this education to all handicapped students between the ages of 3 and 21 years. This is a great resource for understanding the laws such as PL94-142 and IDEA 2004. It gives descriptions of FAPE and what that means in the public school system.


http://www.acor.org/ped-onc/cfissues/backtoschool/iep.html

Guide to the Individualized Education Program
This website is very valuable to in assisting educators, parents, and state and local educational agencies in implementing the requirements of Part B of the Individuals with Disabilities Education Act (IDEA) regarding Individualized Education Programs (IEPs) for children with disabilities, including preschool-aged children. (This guide does not address the development of Individualized Family Service Plans (IFSP) for infants and toddlers.) Once on the website it is broken in to many parts such as:

1. Preface
2. Introduction
3. The Basic Special Education Process Under IDEA
4. A Closer Look at the IEP
5. Contents of the IEP
6. Additional State and School-System Content
7. The IEP Team Members
8. Writing the IEP
9. Deciding Placement
10. After the IEP is Written
11. Implementing the IEP
12. Reviewing and Revising the IEP
13. What If Parents Don't Agree With the IEP?
14. Summary

http://www.ed.gov/parents/needs/speced/iepguide/index.html

Legal Issues:
Assistive Technology


Don’t we all dream of the day when in which people with disabilities have the tolls do whatever they wish to do. The possibilities of assistive technology are endless. To surmount this very real obstacle, people with disabilities, their advocates, and professionals in a variety of fields need to become aware of the laws which relate to assistive technology and the procedures to follow in regard to assistive technology.

There are many resources for a parent, advocate, or student with a disability to obtain information about the laws that deal with assistive technology.

One document that explains all of the laws and provides links to further your knowledge of the laws when addressing legal issues is Assistive Technology Laws at http://www.fctd.info/resources/ATlaws_print.pdf . This website describes the Americans with Disabilities Act (ADA) and Individuals with Disabilities Act (IDEA). It also provides and over view of Section 508 of the Rehabilitation Act and describes the Assistive Technology Act of 1988. The information found at this sight would be beneficial to administrators, teachers, parents, or students.


College bound students with disabilities may be interested in using the website called AHEAD: Association on Higher Education and Disability www.HEATH-Resource-Center.org. This website will direct people to the documentation that he or she would need to get in to college using Disability Support Services. This will guide students through the procedures that are in place at many of the institutions. Once a student has established his or her disability, he is eligible for support services that may involve accommodations.

Another very helpful website in the area of assistive technology is The Center for accessible living. The Center for Accessible Living is an innovative leader in empowering all people to achieve their goal of independent living while involving the entire community. There are real success stories from people using different assistive technologies, as well as, resources for a person in the areas of legal issues, finding help, events and current news in the area of assistive technology. The website for the center is
http://www.calky.org/about.htm.

I hope this blog is helpful in the area of legal issues and assistive technology.