Appendix D: Frequently Asked Questions (FAQs)
Mediation and Due Process
If further information is required relative to due process hearing procedures, you may call the Office of Administrative Hearings.
Tips on How to Avoid a Due Process Fair Hearing
• Follow all legal timelines. Waivers for time extension may only be used as an exception.
• Follow DMSELPA and LEA procedures for assessment and placement.
• Be professional and complete in the quality of your work. Explore all areas of concern and elicit feedback from all staff, parents, and other professionals who have had contact with the student. • Listen to the parents. They know their children well and may or may not be able to articulate their concerns in language that is translated into educational needs. Restate their concerns and explore their solutions. • Be flexible, open, and creative in developing program modifications and in discussing options.
• Keep communication open between staff members and parents.
• Request assistance in the assessment process and placement options from your LEA and DMSELPA colleagues. Engage in brainstorming and problem solving with peers to generate new ideas.
Be a student advocate.
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• Consult with the Regional Services Program Manager or Program Specialist for program or instructional concerns and support. • Develop a classroom profile that includes the qualifications of staff, specialized training of staff, instructional programs available to students and other relevant data. • Provide a summary of student goals and objectives, as well as success rate, for a period of two to three years.
Contact your LEA director or Due Process Program Manager for legal and/or technical assistance.
BP 1001 – Procedural Safeguards
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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 03/13)
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