Procedural Safeguards

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Procedural Safeguards

This assignment assesses your ability to identify how the Procedural Safeguards outlined in the Individuals With Disabilities Education Act (IDEA) protect the rights and privacy of children with disabilities. This assessment also supports your achievement of Course Learning Outcome 2 and the MASE Program Learning Outcomes 3, 4, and 6

Similar to a Parent’s Bill of Rights, the Procedural Safeguards are designed to protect the rights of parents and their children with disabilities. Under the Individuals With Disabilities Education Act (IDEA), districts are required to provide the parent with a written notice at least once per year containing a full explanation of the protections available under the IDEA and the corresponding federal regulations. This notice also explains the procedures for dispute resolution processes including mediation and due process hearings.

The Special School District of St. Louis County Missouri provides parents with a one-page, “Parents’ Bill of Rights (Links to an external site.)Links to an external site.” that summarizes the 31-page, “Procedural Safeguards Notice (Links to an external site.)Links to an external site.” provided by IDEA that is also offered to the parents (Partners for Student Success, 2014). Another example of safeguards that have been written in user-friendly terms is from New Jersey Department of Education Parental Rights in Special Education (Links to an external site.)Links to an external site.. This handbook is separated by subtopics and commonly asked questions to help parents understand their rights as integral member of their child’s multi-disciplinary IEP team.

Knowing that Mr. and Mrs. Marlow, Destini’s parents, have just made their demand for an expensive outside agency to provide supplemental reading support for Destini and that they are not satisfied with her current grade of a “C” instead of an “A” you continue to proceed with the IEP team meeting with the hopes that shared decision making process resulting in a mutually agreeable consensus could be established. However, when you hand Destini’s parent a copy of the Parents’ Bill of Rights and the Procedural Safeguards they take a minute to quietly review both documents; whispering between themselves. Destini’s mother tells you that she isn’t clear on the purpose of these two documents, how it impacts her and her husband, and how it will influence their daughter’s education.

Content Expectations
Using the Parents’ Bill of Rights (Links to an external site.)Links to an external site. as a starting point, create a written submission that:

  • Elaborates on each of the ten points listed in parent friendly terms.
  • Explains how each of the ten points supports the parents’ right to participate in the Individualized Education Program team meeting as outlined by Individuals With Disabilities Education Act.
  • Relates specific areas in the Parents’ Bill of Rights that may be specific to meeting Destini’s needs.
  • Identifies any relevant timeline information for any of the ten points to help Destini’s parents make informed decisions.

Written Expectations
The Procedural Safeguard assignment:

  • Must be three double-spaced pages in length (not including title and reference pages) and formatted according to APA style as outlined in the Ashford Writing Center (Links to an external site.)Links to an external site..
  • Must include a separate title page with the following:
    • Title of paper
    • Student’s name
    • Course name and number
    • Instructor’s name
    • Date submitted
  • Must use at least three scholarly sources in addition to the course text.
  • Must document all sources in APA 6th edition style as outlined in the Ashford Writing Center.
  • Must include a separate reference page that is formatted according to APA style as outlined in the Ashford Writing Center.

Next Steps: Review and Submit the Assignment
Review your assignment with the Grading Rubric to ensure you have achieved the distinguished levels of performance for each criterion. Next, submit your document no later than Day 7.

Parent's Bill of Rights - https://dese.mo.gov/sites/default/files/PBR-Englis...

Grading Rubric - https://ashford.waypointoutcomes.com/assessment/14...

Unformatted Attachment Preview

Week Five Instructor Guidance Welcome to Week Five!! Last week you practiced introducing the required team members at a mock Individualized Education Program (IEP) team meeting – Way to go! You are making great progress in your understanding of the laws and requirements in special education. This week you will be introduced to the Procedural Safeguards as outlined in the Individuals with Disabilities Education Act (IDEA) and will identify how they protect the rights and of children with disabilities. Another key point of this week’s learning is to demonstrate your understanding of the issues that may contribute to conflict between parents of children with disabilities and school personnel. There is one discussion and one assignment during this week’s studies. Different Perspectives Osborne and Russo (2012) state, “In enacting the IDEA, Congress intended to make parents partners in the development of appropriate educational program for their children, whether in their schools or homes” (p.95). As mentioned earlier in this course, the IEP team must include certain required participants who make decisions for the education of each child with a disability. As you might imagine, these meetings are not always easy, nor do they simply end in absolute agreement. Each party may have different opinions, ideas, or recommendations resulting in disagreements on selected sections of the IEP or on the school district’s recommendations as a whole. Various viewpoints can contribute to differences of opinion. Like any human process, there are bound to be disagreements and certain individual factors that contribute to conflict. Researcher, Jeannie Lake conducted a study of various participants of IEP team meetings in the state of Massachusetts in 2009 ("Factors Contributing to Parent-School Conflict in Special Education," n.d.). Her goal was to identify elements that escalate conflict between parents and schools. In her study, she discovered eight categories of factors. They are listed below: • • • Different views about a child or a child’s needs Knowledge Service delivery • • • • • Reciprocal power Constraints Valuation Communication Trust Ninety percent of the participants identified the first factor in this list, “Different views about a child or a child’s needs” as a cause of conflict. She concluded from her findings that more than one of these categories could be operating simultaneously to escalate conflict and lead to more complicated and expensive court proceedings. Understanding the parental perspective, especially when dealing with complicated terminology and processes can exacerbate the confusion that parents may experience. Often, parents of students with disabilities will arrive at the IEP meeting feeling intimidated or threatened by the professionals who are responsible for working together with the families to develop the student’s specialized program. Because of differing perspectives and assumptions that may be made, escalation of miscommunication leading to disagreement frequently occurs (Wellner, 2012). Collaboration Collaboration in an IEP team meeting can be of utmost importance for the success of arriving at consensus and resolving conflict. Think of the ways that collaboration can be beneficial for you in your own work; for example, you can gain the perspective of another person, you can learn new ideas about a particular concept, and you are able to obtain opposing input from your peers as part of the learning and sharing process. While we may not completely agree with the feedback or viewpoint that is obtained, when considering this information it has the potential of greatly informing our work and in ultimately creating consensus in making sound decisions that affect the students in which we serve. Procedural Protections Inherent in the IDEA are elaborate procedural protections to ensure that schools meaningfully include parents in all education decisions. However, if parents believe a school district has not followed the procedures or if they disagree with actions involving the identification, evaluation, or placement of their child, parents have the right to employ dispute resolution mechanisms. The law is intended for parents to be involved in the process of designing and appropriate education for their child, but they may also serve as the stimulus for forcing school districts to comply with the laws. Each state, in accordance with the IDEA, has a complaint investigation and resolution process (Zirkel& McGuire, 2010). Conflict The cost of conflict can be high. This means that consequences of conflict are dreadful both in terms of the financial burden and also in the trust and long term relationships that can be damaged. The following three-minute video explains conflict and how to manage it. While basic, this video provides a good basic understanding of what can happen as a result of differing perspectives resulting in disagreement. Conflict Resolution (Links to an external site.)Links to an external site. Week Five Discussion Guidance Conflicting Views is the title of this week’s discussion. After reading an article that is linked in your course, you will create an initial response based on the beginning letter of your last name. One group will respond to Destini’s parents by supporting their specific request and the other group will oppose this position and deny the parent’s request. By using the evidence from your textbook as well as the Instructor Guidance your position will be supported. Your response to at least two peers will be focused on those who have a differing role as your own. Use the article and other reading to provide suggestions to reduce the impending conflict. Please review the discussion board rubric prior to your initial post to ensure you are fully meeting each of the set criteria to earn full credit. As per the rubric requirements your initial post should include relevant professional, personal, or other real-world experiences in a manner that is rich in thought and provides valuable insight into the topic. Additionally, all elements of the discussion board prompt should be thoroughly addressed with strong and precise connections to previous and/or current course content, or to real-life situations. When substantively replying to your peers’ post, be sure to provide a thorough and constructive analysis relating the response to relevant course concepts that incorporates pertinent follow-up thoughts or questions about the topic, and demonstrates respect for the diverse opinions of fellow learners. Finally, while it may difficult to do for all the responses to your posts, please make an effort to respond back to those who took the time to respond to your initial post. It is the courteous and gracious thing to do, and has the potential to make our classroom community discussions more interesting and thought-provoking. Answering questions posed by your peers invites continued learning, meaningful application, and relevant extension of the discussion. Week Five Assignment Guidance: Mr. and Mrs. Marlow make a demand of the school district to provide expensive outside supports for their daughter, Destini, because they are not satisfied with her level of progress and her current grade of a “C”. They feel she should be earning an “A” and that the school district is obviously not providing her a FAPE. Additionally, after receiving the Procedural Safeguards, Mr. and Mrs. Marlow admit they do not understand their rights. This week’s assignment, Procedural Safeguards, is your opportunity to explain the Procedural Safeguards in written terms so that you can demonstrate your ability to identify how they protect the rights of children with disabilities. There are specific guidelines for the written portion of this assignment as well as the content. In order to maximize your score, it is essentially that you follow these instructions closely. Make sure to use the Grading Rubric as a self-checklist before submitting the final copy of your assignment to confirm you have met or exceeded each required expectation. The highest level of achievement on the rubric is “distinguished”, which is only earned through exceeding posted expectations at the proficiency level. Please remember you are in a masters-level program. Therefore, your writing, research, and content are held to graduate-level expectations. ePortfolio Save this written assignment in your electronic portfolio (ePortfolio). As you recall, your ePortfolio serves as a collection of evidence to support the development and mastery of competencies as you progress through this program and you will re-visit it in ESE 699, your MASE program capstone course. References Conflict Resolution (Links to an external site.)Links to an external site. [Video file]. (n.d.). Retrieved from https://www.youtube.com/watch?v=KY5TWVz5ZDU Factors Contributing to Parent-School Conflict in Special Education (Links to an external site.)Links to an external site.. (n.d.). Retrieved from http://www.advocacyinstitute.org/advocacyinaction/Parent_School_Conflict.shtml Wellner, L. (2012). Building Parent Trust in the Special Education Setting (Links to an external site.)Links to an external site..Leadership, 16-19. Retrieved from http://files.eric.ed.gov/fulltext/EJ971412.pdf Zirkel, P.A., & McGuire, B. L. (2010).A roadmap to legal dispute resolution for students with disabilities.Journal of Special Education Leadership, 23, 100-112. Required Resources Text Osborne, A. G., & Russo, C. J. (2003). Special education and the law: A guide for practitioners (3rd ed.). Thousand Oaks, CA: Corwin Press. • • • Chapter 4: Parent and Student Rights Chapter 7 (pp.185-191): Dispute Resolution Chapter 10: Conflict Management: IDEA Compliance Article Lake, J. F., & Billingsley, B. S. (2009). Factors that contribute to parent-school conflict in special education. Remedial and Special Education, 21(4), 240-251. doi:10.1177/074193250002100407 • The full-text version of this article can be accessed through the EBSCOhost database in the Ashford University Library. The purpose of this article is to identify factors contributing to parent-school conflict in special education. The findings indicate eight common themes that cause conflict and suggestions for ways to mitigate these disagreements. This article is referenced in the Week Five discussion, “Conflicting Views.” Website Partners for Student Success. (2014, January 19). Procedural safeguards for children and parents (Links to an external site.)Links to an external site.. Retrieved from https://www.ssdmo.org/public_notices/safeguards.html • This website explains the procedural safeguard in parent-friendly terms. It is referenced in the Week Five assignment, “Procedural Safeguards.” Accessibility Statement (Links to an external site.)Links to an external site. Privacy Policy does not exist. Recommended Resources Article New Jersey Department of Education. (2012). Parental rights in special education (Links to an external site.)Links to an external site.. Retrieved from http://www.state.nj.us/education/specialed/form/prise/prise.pdf • The New Jersey Department of Education provides this handbook to parents that helps clarify the Procedural Safeguards in parent-friendly terms. It is a required document for the Week Five assignment, “Procedural Safeguards.” Accessibility Statement (Links to an external site.)Links to an external site. Privacy Policy (Links to an external site.)Links to an external site. Multimedia U.S. Department of Education. (n.d.). Building the legacy of IDEA: 2004 (Links to an external site.)Links to an external site. [Video file]. Retrieved from http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CVideoClips%2C7%2C • The U.S. Department of Education created a 13-minute video that clearly explains the Procedural Safeguards. It is a recommended resource tool for the Week Five discussions and assignment. Accessibility Statement does not exist. Privacy Policy does not exist. Website National Center for Learning Disabilities. (2010, August 17). IDEA parent guide (Links to an external site.)Links to an external site.. Retrieved from http://www.pacer.org/legislation/idea/pdf/idea2004parentguide.pdf • The IDEA Parent Guide, created by the National Center for Learning Disabilities, helps guide parents through the IEP process including the team meeting, disputes and parental rights. It is a recommended resource for the Week Five discussions and assignment, and is a tool for sharing with parents. Accessibility Statement does not exist. Privacy Policy does not exist.
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Running Head: PROCEDURAL SAFEGUARDS

Procedural Safeguards
Student’s Name
Professor’s Name
Course Title
Date

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PROCEDURAL SAFEGUARDS

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Procedural safeguards

Procedural safeguards refer to the procedures that are designed to protect legal rights for
both the parent and the child. Evidently, a parent or a guardian plays a vital role in the education
of their children. IDEA ensures that parents or guardians who have children with disabilities
have the chance to receive publicly funded special education services (Osborne, & Russo,
2003). Therefore, the procedural safeguards inform the parents of the requirements that are
stipulated in the federal regulations and state rules which are applicable to the individuals
responsible for the education as well as the welfare of the child.
First, as the parent of a child with disability, one has the right to attend IEP meetings and
represent the interests of the child (Partners for Student Success, 2014). Therefore, for Mr. and
Mrs. Marlow, the parents of Destini, must be allowed to attend the IEP meetings. It will ensure
that the parents participate in the special education decision-making processes. Parents must take
an active role as members of the IEP team to ascertain the student’s direction. This ensures that a
parent attests to the issues of eligibility, evaluation, development of programs and the placement
of the child in the special education program. Besides, parents and guardians understand their
children more than anyone else. They know about the physical, social and developmental history
of the child. Therefore, they bring the input on the experience of the children to the special
education process...


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